CELEX: 62009TO0238
Language: en
Date: 2009-07-13 00:00:00
Title: Order of the President of the Court of First Instance of 13 July 2009. # Sniace, SA v Commission of the European Communities. # Application for interim measures - State aid - Decision declaring aid incompatible with the common market and ordering its recovery - Application for suspension of operation - Failure to have regard to formal requirements - Inadmissibility. # Case T-238/09 R.

Order of the President of the Court of First Instance of 13 July 2009 – Sniace v Commission
      (Case T-238/09 R)
      Application for interim measures – State aid – Decision declaring aid incompatible with the common market and ordering its recovery – Application for suspension of operation – Failure to have regard to formal requirements – Inadmissibility
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Serious and irreparable damage – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules
            of Procedure of the Court of First Instance, Art. 104(2)) (see para. 15)
      2.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements (Art. 242 EC; Rules of
            Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 16-17, 21)
      3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage capable of arising at any moment – Meaning – Burden of proof (Arts 242 EC and 243 EC; Rules
            of Procedure of the Court of First Instance, Art. 104(2)) (see paras 24-25)
      4.                     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 (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 27)
      5.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the
            interests involved – Decision on State aid (Arts 88(2) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
            Art. 104(2); Council Regulation No 659/1999, Art. 7) (see paras 30-31)
      Re:
      
         
               APPLICATION for suspension of the operation of Commission Decision C(2009) 1479 final of 10 March 2009 relating to measure
                  C 5/2000 (ex NN 118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending Decision 1999/395/EC
                  of 28 October 1998.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.