CELEX: 62010TO0533
Language: en
Date: 2011-06-09 00:00:00
Title: Order of the President of the General Court of 9 June 2011. # DTS Distribuidora de Televisión Digital, SA v European Commission. # Interim measures - State aid - Alteration of the funding scheme of the Spanish radio and television broadcasting organisation (RTVE) - Commission decision declaring the new funding scheme compatible with the internal market - Application for suspension of operation - No urgency. # Case T-533/10 R.

Order of the President of the General Court of 9 June 2011 – DTS Distribuidora de Televisión Digital v Commission
      (Case T-533/10 R)
      Interim measures – State aid – Alteration of the funding scheme of the Spanish radio and television broadcasting organisation (RTVE) – Commission decision declaring the new funding scheme compatible with the internal market – Application for suspension of operation – No urgency
      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 judge hearing the application for interim relief (Arts 256(1)
            TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Burden of proof – Financial loss – Damage which may subsequently be made good – Damage which cannot be
            regarded as irreparable (Art. 278 TFEU) (see paras 26-27, 29-30)
      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 – Assessment
            by reference to the situation of the group to which that company belongs (Art. 278 TFEU) (see para. 35)
      4.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas
            in law establishing a prima facie case for granting the measures sought (Art. 278 TFEU) (see para. 40)
      5.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting (Art. 278 TEU) (see para.
            55)
      Re:
      
         
               APPLICATION for suspension of the operation of Commission Decision 2011/1/EU of 20 July 2010 on the State aid scheme C 38/09
                  (ex NN 58/09) which Spain is planning to implement for RTVE (OJ 2011 L 1, p. 9).
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  	1.The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.