CELEX: 62011TO0552
Language: en
Date: 2011-12-14 00:00:00
Title: Order of the President of the General Court of 14 December 2011.#Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro AE v European Commission.#Action for annulment - Contract concerning financial assistance of the European Union for a project in the field of medical collaboration - Debit note - Contractual nature of the dispute - Measure not reviewable - Inadmissibility - Counterclaim for payment.#Case T-552/11 R.

Order of the President of the General Court of 14 December 2011 – Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
      (Case T-552/11 R)
      Application for interim measures – Financial assistance – Debit note seeking recovery of financial assistance – Application for suspension of operation of a measure – Disregard of formal requirements – Inadmissibility
      1.                     Applications for interim measures – Formal requirements – Submission of applications – Brief summary of the pleas in law on
            which the application is based – Pleas in law not set out in the application and pleadings – General reference to other documents
            – Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(c), and 104(3)) (see paras
            8, 10-11, 19)
      2.                     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 – Discretion of the court hearing the  application
            for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 9)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company – Burden of
            proof (Art. 278 TFEU) (see paras 13-14)
      4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Financial loss – Loss capable of full reparation in the context of the action in the main
            proceedings or an action for compensation – Not irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure
            of the General Court, Art. 104(2)) (see para. 18)
      Re:
      
         
               APPLICATION for suspension of operation of the debit note of 9 September 2011 issued by the Commission seeking recovery of
                  the sum of EUR 83 001.09 paid in the context of financial assistance in support of a medical research project.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.