Order of the President of the General Court of 21 June 2011 – MB System v Commission

(Case T-209/11 R)

Application for interim measures – State aid – Recovery obligation – Application for stay of execution – Urgency – Balancing of interests

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 16-19)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Realisation of the damage depending on future and uncertain events – Lack of urgency (Art. 278 TFEU) (see paras 27-28)

3. 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 – Protection of the financial interests of the Union taking priority over those of an individual controlling the applicant company (Art. 278 TFEU) (see paras 29-33)

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 (Art. 278 TFEU) (see paras 34-35)

5. 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 – Lodging of an additional pleading in order to remedy deficiencies – Incompatibility with the procedure for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 36)

6. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Commission decision ordering recovery of State aid – National implementing measures – National rights of action – Effect (Arts 263 TFEU and 278 TFEU) (see paras 46-48)

7. Acts of the institutions – Objection before the national court concerning the legality of a Union measure on the occasion of an action brought against a national implementing measure – Suspension granted of the national measure – Lawfulness – Conditions – Reference to the Court of Justice by means of a request for a preliminary ruling on validity – Serious and irreparable damage – Taking into account of the Union’s interest (see para. 49)

Re:

APPLICATION for suspension in part of Commission Decision C(2010) 8289 final of 14 December 2010 on State aid No C 38/2005 (ex NN 52/2004) granted by Germany to the Biria Group.

Operative part

1.The application for interim measures is dismissed.