Keywords

Subject of the case

Operative part



Keywords

Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation liable to endanger the existence of the applicant company — Assessment having regard to the situation of the group to which the undertaking and its shareholders belong — Public interest in implementation of decisions adopted by the EU institutions outweighing the individual interest of the group member companies — Group not legally incapable of providing financial assistance (Art. 278 TFEU) (see paras 18-21, 27-33)

2. Application for interim measures — Conditions for admissibility — Application — Formal requirements — Pleas establishing a prima facie case for the measures applied for — Lodging of a supplementary pleading for the purpose of putting right deficiencies — Incompatibility with proceedings for interim measures (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 104(2), and 109) (see paras 22-24)

3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Examination prima facie of the pleas in law put forward in support of the main action — Action against a decision of the Commission to open a formal investigation procedure in respect of a State measure accompanied by provisional classification as new aid — Infringement of the duty to state reasons — Prima facie absence (Arts 108(2) TFEU, 278 TFEU and 296(2) TFEU; Council Regulation No 659/1999, Art. 6(1)) (see paras 38, 39)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Examination prima facie of the pleas in law put forward in support of the main action — Action against a decision of the Commission to open a formal investigation procedure in respect of a State measure accompanied by provisional classification as new aid — Serious doubts as to the absence of a State aid incompatible with the common market — Judicial review — Need for the applicant to demonstrate a manifest error of assessment (Arts 108(2) TFEU and 278 TFEU; Council Regulation No 659/1999, Arts 6 and 7) (see paras 44-50)

5. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Examination prima facie of the pleas in law put forward in support of the main action — Action against a decision of the Commission to open a formal investigation procedure in respect of a State measure accompanied by provisional classification as new aid — Measure permitting a ceiling, for large energy users, on a levy on the consumption of electricity — Provisional assessment as a selective measure — Manifest error of assessment by the Commission — Prima facie absence (Arts 107(1) TFEU, 108(2) TFEU and 278 TFEU) (see paras 56, 57)

6. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Examination prima facie of the pleas in law put forward in support of the main action — Action against a decision of the Commission to open a formal investigation procedure in respect of a State measure accompanied by provisional classification as new aid — Measure intended to compensate for structural disadvantages affecting undertakings established in a Member State — Provisional classification as a measure granting an advantage and likely to affect trade between Member States — Manifest error of assessment by the Commission — Prima facie absence (Arts 107(1) TFEU, 108(2) TFEU and 278 TFEU) (see paras 58-63)

7. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Examination prima facie of the pleas in law put forward in support of the main action — Action against a decision of the Commission to open a formal investigation procedure in respect of a State measure accompanied by provisional classification as new aid — Measure permitting a ceiling on a levy on the consumption of electricity — Recovery of the levy falling within the discretion of private electricity supply undertakings — Provisional classification as a measure granting an advantage attributable to the State — Manifest error of assessment by the Commission — Prima facie absence (Arts 107(1) TFEU, 108(2) TFEU and 278 TFEU) (see paras 69-77)

Subject of the case

Re:

APPLICATION for suspension of the legal effects of the decision by which the Commission opened a formal investigation procedure in respect of State aid concerning the German law on renewable energy.

Operative part

Operative part

1. The application for interim measures is dismissed.

2. The judgment of 7 April 2014 in Case T‑178/14 R Friedrich Wilhelms-Hütte Eisenguss v Commission is set aside.

3. Costs are reserved.