Order — ECLI:EU:T:2008:621
Date: 2008-12-23
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Application for interim measures
Origin: Hungary

Order of the President of the Court of First Instance of 23 December 2008 – AES‑Tisza v Commission (Case T-468/08 R) Application for interim measures – State aid – Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market – Application for suspension of operation – Lack of urgency – Weighing up 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 (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13) 2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 28-29, 35-39, 42, 45-47) 3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Arts 104(2) and (3) and 109) (see paras 30-31) 4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Decision on State aid (Arts 88(2) EC and 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Regulation No 659/1999, Art. 7) (see paras 61-62) Re: APPLICATION for suspension of the operation of Article 1 of Commission Decision C(2008) 2223 final of 4 June 2008 on the State aid awarded by the Republic of Hungary through power purchase agreements. Operative part 1. The application for interim relief is dismissed. 2. Costs are reserved.