Order of the President of the General Court of 18 September 2014 — Frucona Košice v Commission

(Case T‑103/14 R II)

‛Application for interim measures — State aid — Alcohol and spirits — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — Lack of any urgency — Prima facie case not made out’

1. Application for interim measures — Suspension of operation of a measure — Dismissal of application — Possibility of introducing a fresh application — Condition — New facts — Concept — Condition for granting the interim measure — Capacity of new facts to call into question the assessments which determined the dismissal of the first application (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see para. 12)

2. 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 — Weighing-up of the interests — Discretion of the court hearing 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 paras 14-25)

Re:

APPLICATION for suspension of the operation of Commission Decision C(2013) 6261 final of 16 October 2013 on State aid SA.18211 (C 25/2005) (ex NN 21/2005), implemented by the Slovak Republic for Frucona Košice a.s., in so far as it orders the Slovak Republic to recover the aid.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 18 September 2014 — Frucona Košice v Commission

(Case T‑103/14 R II)

‛Application for interim measures — State aid — Alcohol and spirits — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — Lack of any urgency — Prima facie case not made out’

1. Application for interim measures — Suspension of operation of a measure — Dismissal of application — Possibility of introducing a fresh application — Condition — New facts — Concept — Condition for granting the interim measure — Capacity of new facts to call into question the assessments which determined the dismissal of the first application (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 109) (see para. 12)

2. 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 — Weighing-up of the interests — Discretion of the court hearing 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 paras 14-25)

Re:

APPLICATION for suspension of the operation of Commission Decision C(2013) 6261 final of 16 October 2013 on State aid SA.18211 (C 25/2005) (ex NN 21/2005), implemented by the Slovak Republic for Frucona Košice a.s., in so far as it orders the Slovak Republic to recover the aid.

Operative part

1. The application for interim measures is dismissed.