CELEX: 62010TO0084
Language: en
Date: 2010-06-25 00:00:00
Title: Order of the President of the General Court of 25 June 2010.#Regione Puglia v European Commission.#Application for interim measures - Decision to reduce Community financial assistance - Debit note - Application to suspend the operation of a measure - No urgency.#Cases T-84/10 R and T-223/10 R.

Order of the President of the General Court of 25 June 2010 – Regione Puglia v Commission
      (Cases T-84/10 R and T-223/10 R)
      Application for interim measures – Decision to reduce Community financial assistance – Debit note – Application to suspend the operation of a measure – No urgency
      1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Cumulative nature – 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 General Court, Art. 104(2))
            (see paras 12-13)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Situation capable of seriously compromising the exercise by a regional body of its public
            service tasks – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras
            18-22, 25)
      3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Financial loss – Loss capable of remedy by the granting of compensation in the main action – Not
            irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras
            23-24)
      Re:
      
         
               ACTION to suspend the operation, first, of Commission Decision C(2009) 10350 of 22 December 2009, concerning the cancellation
                  of part of the contribution from the European Regional Development Fund (ERDF), allocated to Italy for the operational programme
                  POR Puglia, within Objective 1 (2000‑2006) and, second, of the payment order contained in the debit note of 26 February 2010
                  issued following that decision.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	Cases T-84/10 R and T-223/10 R are joined for the purposes of this order.
               
            
         
                  2.
               
               
                  
               
               
                  	The applications for interim measures are dismissed.
               
            
         
                  3.
               
               
                  
               
               
                  	Costs are reserved.