Judgment — ECLI:EU:T:2019:409
Date: 2019-06-13
Language of the case: Greek
Subject matter: Budget;Financial provisions;Research and technological development
Procedure: Action for annulment - unfounded
Origin: Greece

Order of the President of the of the General Court of 10 July 2018 – Synergy Hellas v Commission (Case T‑244/18 R) (Application for interim measures — Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency) 1. 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 — Balancing of all the interests involved (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 15, 17, 18) 2. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof borne by the party seeking the interim measure (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 21) 3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation which could jeopardise the existence of the applicant company or irremediably alter its position in the market — Assessment having regard to the situation of the group to which the applicant company belongs (Arts 256(1) TFEU, 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 156, § 4) (see paras 22-24) 4. Application for interim measures — Admissibility criteria — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5)) (see paras 26, 28) 5. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Obligation to provide concrete and precise indications, supported by detailed documentary evidence (Arts 256(1) TFEU, 278 TFEU and 279 TFEU) (see para. 27) 6. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Cumulative nature — Particularly strong prima facie case — No impact on the obligation to examine urgency separately — Exception (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 33-37) Re: Application under Articles 278 and 279 TFEU seeking the suspension of operation of Commission Decision C(2018) 1115 final of 19 February 2018 relating the recovery from the applicant of the sum of EUR 76 282.08 plus default interest. Operative part 1. The application for interim measures is dismissed. 2. The costs are reserved.