Order of the President of the General Court of 17 February 2011 - Gas Natural Fenosa SDG v Commission

(Case T-484/10 R)

(Interim measures - State aid - Compensation for the additional production costs of certain power plants arising from the public service obligation to produce certain volumes of electricity out of indigenous coal and implementation of a 'preferential dispatch mechanism' in their favour - Decision not to raise objections - Application for suspension of operation - Prima facie case - Lack of urgency - Weighing of the interests)

Language of the case: Spanish

Parties

Applicant: Gas Natural Fenosa SDG, SA (Madrid, Spain) (represented by: F. González Díaz and F. Salerno, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and C. Urraca Caviedes, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, acting as Agent)

Re:

Application for interim measures seeking, in essence, an order for the suspension of operation of Commission Decision C (2010) 4499 of 29 September 2010 relating to State aid No N 178/2010 notified by the Kingdom of Spain in the form of a public service compensation linked to a preferential dispatch mechanism in favour of electricity power plants which use indigenous coal

Operative part of the order

1.    The application for leave to intervene lodged by the Cámara Oficial de Comercio, Industria y Navegación de A Coruña is dismissed.

2.    E.ON Generación, SL, Hidroeléctrica del Cantábrico SA and the Federación Nacional de Empresarios de Minas de Carbón are granted leave to intervene in support of the form of order sought by the European Commission.

3.    The order of the President of the General Court of 3 November 2010 in Case T-484/10 R Gas Natural Fenosa SDG v Commission, not published in the ECR, is cancelled.

4.    A period shall be fixed for Gas Natural Fenosa SDG, the Commission and the Kingdom of Spain to request that certain confidential information in the file and in the present order be excluded from communication to the parties referred to in point 2 of this operative part and to provide, for the purposes of that communication, a non-confidential version of the documents in the file and of the present order.

5.    The costs are reserved.

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