CELEX: 62010CO0446
Language: en
Date: 2011-12-14 00:00:00
Title: Order of the President of the Court of 14 December 2011. # Alcoa Trasformazioni Srl v European Commission. # Appeal - Application for interim measures - State aids. # Case C-446/10 P(R).

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.
               
            
         
                  2.
               
               
                  
               
               
                  	Alcoa Trasformazioni Srl is ordered to pay the costs.