Order of the President of the Court of 14 December 2011 – Alcoa Trasformazioni v Commission

(Case C‑446/10 P(R))

Appeal – Application for interim measures – State aid – Preferential electricity tariffs – Decision declaring the aid incompatible with the common market and ordering its recovery – Application for suspension of operation of a measure – Urgency

1. Applications for interim measures – Suspension of operation of a measure – Suspension of the operation of a decision ordering the recovery of State aid – Conditions for granting – Serious and irreparable damage – The applicant’s actual situation – Assessment having regard to the situation of the group to which the applicant company belongs (Art. 278 TFEU; Rules of Procedure of the Court of Justice, Art. 83(2); Rules of Procedure of the General Court, Art. 104(2)) (see paras 17-18, 20-22)

2. Applications for interim measures – Suspension of operation of a measure – Suspension of the operation of a decision ordering the recovery of State aid – Conditions for granting – Serious and irreparable damage – Taking account of the objective interests of the undertaking concerned in surviving independently of the members of the group to which it belongs – Excluded – Interests of the group not apparently independent with regard to those of its members (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 83(2); Rules of Procedure of the General Court, Art. 104(2)) (see paras 18, 20)

3. Applications for interim measures – Suspension of operation of a measure – Suspension of the operation of a decision ordering the recovery of State aid – Conditions for granting – Serious and irreparable damage – Insolvency of the undertaking concerned – Non-existence of the necessary link to the condition of urgency (Art. 278 TFEU; Rules of Procedure of the Court of Justice, Art. 83(2); Rules of Procedure of the General Court, Art. 104(2)) (see para. 22)

4. Applications for interim measures – Community law – Suspension of the operation of a decision ordering the recovery of State aid – Whether there exist any means of obtaining legal redress before the national court against national implementing measures – Irrelevant to the admissibility of the application for interim relief – Union judicature may take into consideration such means of obtaining redress when assessing the substance of the application for interim relief (Art. 278 TFEU; Rules of Procedure of the Court of Justice, Art. 83(2); Rules of Procedure of the General Court, Art. 104(2)) (see paras 46-48)

5. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Irreparableness of the damage – Assessment solely on the basis of the uncertainty as to compensation for pecuniary damage in an action for damages – Not permissible (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 83(2); Rules of Procedure of the General Court, Art. 104(2)) (see paras 54-57)

6. 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 – Weighing up of all the interests involved – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU, Rules of Procedure of the Court of Justice, Art. 83(2); Rules of Procedure of the General Court, Art. 104(2)) (see paras 63-66)

Re:

Appeal brought against the order of the President of the General Court of 9 July 2010 in Case T-177/10 R Alcoa Trasformazioni v Commission – Commission decision C(2009) 8112 final of 19 November 2009 on the State aid C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006) implemented by the Italian Republic in favour of Alcoa Trasformazioni Srl

Operative part

1. The appeal is dismissed.