Order of the President of the Court of First Instance of 2 July 2009 – Insula v Commission

(Case T-246/09 R)

Application for interim measures – Debit notes – Application for suspension of operation – Failure to comply with formal requirements – Inadmissibility

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 5, 7)

2.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Arts 44 and 104(2) and (3)) (see paras 8-9, 12, 14)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 18-30)

Re:

APPLICATION for suspension of the operation of two debit notes requiring the repayment of sums of money paid to the applicant under subsidy contracts.

Operative part

1.      The application for interim measures is dismissed.

2.      Costs are reserved.