Judgment — ECLI:EU:T:2016:35
Date: 2016-01-28
Language of the case: Slovenian
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Slovenia

Order of the President of the General Court of 17 January 2013 — Slovenia v Commission (Case T‑507/12 R) Interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery from the recipient — Application for stay of execution — 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 — Balancing of all the interests involved — Discretion of the court dealing with the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para 6-8) 2. 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 — Obligation to provide concrete and precise indications, supported by detailed documentary evidence (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14, 16, 19) 3. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Harm that can be pleaded by a Member State — Damage concerning undertakings and not a whole sector of the national economy — Not included (Arts 278 TFEU and 279 TFEU) (see paras 15, 16) 4. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Commission decision ordering recovery of State aid — No national measures implementing that decision — No proof of the lack of internal remedies allowing the undertaking concerned to avoid the serious and irreparable damage — No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21, 22) Re: APPLICATION for a stay of execution of Commission Decision C(2012) 6345 final of 19 September 2012 on measures in favour of the undertaking ELAN d.o.o. [SA.26379 (C 13/2010) (ex NN 17/2010)]. Operative part 1. The application for interim measures is dimissed. 2. Costs are reserved.