Order of the President of the General Court of 10 June 2011 – Eurallumina v Commission

(Case T-207/07 R)

Application for interim measures – State aid – Decision declaring the aid incompatible with the common market and ordering its recovery – Application for suspension of operation – No 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 – Order of examination and method of verification – 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 17-20)

2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the company belongs – Public interest in the implementation of decisions adopted by EU institutions outweighing the personal interest of shareholders in the applicant company (Art. 278 TFEU) (see paras 23-24, 32-34)

3. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 25-26)

4. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Exceptional circumstances – Taking account of the financial situation of the group to which the applicant company belongs – Assessment on a case-by-case basis – Situation of full economic control within a group – Effect (Art. 278 TFEU) (see paras 37-40, 43-44)

5. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Loss capable of being subsequently remedied by means of an action for compensation – Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU) (see para. 49)

6. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Assessment of the seriousness of the damage by the court hearing the application of interim measures – No breach of the right to an effective court action – No breach of the right to a fair legal process (Art. 278 TFEU) (see paras 54-58)

Re:

APPLICATION for suspension of operation of Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively (C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)) (OJ 2007 L 147, p. 29), in so far as it concerns the applicant.

Operative part

1. The application for interim measures is dismissed.