Order of the President of the General Court of 25 February 2015 —
BPC Lux 2 and Others v Commission
(Case T‑812/14 R)
Interim measures — State aid — Financial sector — Aid granted in the context of the resolution of a banking insolvency — Decision not to raise objections — Application for suspension of operation of a measure — No urgency
1. Judicial proceedings — Treatment of cases before the General Court — Protection given to parties against misuse of pleadings and other procedural documents — General principle of the sound administration of justice — Scope (Rules of Procedure of the General Court, Art. 116(2); Instructions to the Registrar of the General Court, Art. 5(8)) (see paras 14, 16)
2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — 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 18, 19)
3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Burden resting solely on the person entitled to bring the action in the main proceedings — Need to plead the risk of suffering that damage personally — Examination of the admissibility of the main action by the court hearing the interim application — Scope (Arts 278 TFEU and 279 TFEU) (see paras 22, 24, 25, 34)
4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Burden of proof resting with the party seeking the interim measure — Risk of fundamental rights being undermined — Not sufficient to constitute serious damage — Assessment according to the circumstances of the case (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 28, 29)
5. State aid — Commission decision — Assessment of legality by reference to the information available at the time the decision adopted (Art. 107 TFEU) (see para. 31)
6. Application for interim measures — Admissibility criteria — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — No concrete and precise indications, supported by detailed documentary evidence, as to the serious and irreparable damage alleged (Rules of Procedure of the General Court, Art. 104(2)) (see para. 33)
Re:
| APPLICATION for suspension of operation of Commission Decision C(2014) 5682 final of 3 August 2014 not to raise objections to State aid SA.39250 (2014/N), notified by Portugal, for the resolution of Banco Espírito Santo SA. |
Operative part
1. | | The application for interim measures is dismissed. |