CELEX: 62011TO0176
Language: en
Date: 2011-12-02 00:00:00
Title: Order of the President of the General Court of 2 December 2011.#Federación Nacional de Empresarios de Minas de Carbón (Carbunión) v Council of the European Union.#Application for interim measures - State aid - Decision on aid intended to facilitate the closure of uncompetitive coal mines - Application for suspension of operation of a measure - Lack of standing to bring proceedings - Lack of concordance with the main action - Non-severability - Inadmissibility - Balance of interests.#Case T-176/11 R.

Order of the President of the General Court of 2 December 2011 – Carbunión v Council
      (Case T-176/11 R)
      Application for interim measures – State aid – Decision on aid intended to facilitate the closure of uncompetitive coal mines – Application for suspension of operation of a measure – Lack of standing to bring proceedings – Lack of concordance with the main action – Non-severability – Inadmissibility – Balance 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 court hearing the application for interim relief (Arts 278 TFEU
            and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 12-14)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Interest of the
            applicant in obtaining the suspension sought – Application for partial suspension of the operation of Decision 2010/787 on
            State aid to facilitate the closure of uncompetitive coal mines – Suspension not capable of changing the applicant’s position
            – No interest in bringing an action (Art. 278 TFEU) (see paras 17-21)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Application seeking
            measures outside the context of the dispute in the main proceedings – Inadmissibility (Art. 278 TFEU) (see paras 22-24)
      4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Application for
            partial suspension of operation of a decision – Decision 2010/787 on State aid to facilitate the closure of uncompetitive
            coal mines – Suspension involving a modification of the substance of the decision – Inadmissibility (Art. 278 TFEU) (see paras
            26-34)
      5.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the
            interests involved – Concept – Preponderance of the public interest over private interests (Art. 278 TFEU) (see paras 36-39,
            41-43)
      Re:
      
         
               APPLICATION for partial suspension of operation of Council Decision 2010/787/EU of 10 December 2010 on State aid to facilitate
                  the closure of uncompetitive coal mines (OJ 2010 L 336, p. 24) and, in the alternative, application for full suspension of
                  operation of that decision.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.