Order of the President of the General Court of 2 December 2011 – Carbunión v Council
(Case T-176/11 R)
Application for interim measures – State aid – Decision on aid intended to facilitate the closure of uncompetitive coal mines – Application for suspension of operation of a measure – Lack of standing to bring proceedings – Lack of concordance with the main action – Non-severability – Inadmissibility – Balance of interests
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 12-14)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Interest of the applicant in obtaining the suspension sought – Application for partial suspension of the operation of Decision 2010/787 on State aid to facilitate the closure of uncompetitive coal mines – Suspension not capable of changing the applicant’s position – No interest in bringing an action (Art. 278 TFEU) (see paras 17-21)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Application seeking measures outside the context of the dispute in the main proceedings – Inadmissibility (Art. 278 TFEU) (see paras 22-24)
4. Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Application for partial suspension of operation of a decision – Decision 2010/787 on State aid to facilitate the closure of uncompetitive coal mines – Suspension involving a modification of the substance of the decision – Inadmissibility (Art. 278 TFEU) (see paras 26-34)
5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Concept – Preponderance of the public interest over private interests (Art. 278 TFEU) (see paras 36-39, 41-43)
Re:
| APPLICATION for partial suspension of operation of Council Decision 2010/787/EU of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines (OJ 2010 L 336, p. 24) and, in the alternative, application for full suspension of operation of that decision. |
Operative part
1. | | The application for interim measures is dismissed. |