Order of the President of the General Court of 9 June 2011 – Eurallumina v Commission

(Case T-62/06 RENV-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. 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 – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judge 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 14-17)

2. Applications 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 applicant company belongs – Public interest in the implementation of decisions adopted by Union institutions taking precedence over the personal interest of shareholders of the applicant company (Art. 278 TFEU) (see paras 20-21, 29-31)

3. Applications 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 22-23)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Exceptional circumstances – Taking into account of the financial situation of the group to which the applicant company belongs – Assessment on a case-by-case basis – Situation of overall economic control within a group – Effect (Art. 278 TFEU) (see paras 34-37, 40-41)

5. Applications 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. 46)

6. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Assessment of the seriousness of the loss by the court hearing the application for interim measures – No infringement of the right to an effective legal remedy – No infringement of the right to a fair trial (Art. 278 TFEU) (see paras 51-55)

Re:

APPLICATION for suspension of operation of Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy (OJ 2006 L 119, p. 12) in so far as it concerns the applicant.

Operative part

1. The application for interim measures is dismissed.