CELEX: 62008TO0468
Language: en
Date: 2008-12-23 00:00:00
Title: Order of the President of the Court of First Instance of 23 December 2008. # AES-Tisza Erőmű kft (AES-Tisza kft) v Commission of the European Communities. # Application for interim measures - State aid - Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market - Application for suspension of operation - Lack of urgency - Weighing up of interests. # Case T-468/08 R.

Order of the President of the Court of First Instance of 23 December 2008 – AES‑Tisza v Commission
      (Case T-468/08 R)
      Application for interim measures – State aid – Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase
         agreements to be incompatible with the common market – Application for suspension of operation – Lack of urgency – Weighing up 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 (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure
            of the Court of First Instance, Art. 104(2)) (see paras 10-13)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Burden of proof – Financial loss (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see
            paras 28-29, 35-39, 42, 45-47)
      3.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas
            in law establishing a prima facie case for granting the measures sought (Arts 242 EC and 243 EC; Rules of Procedure of the
            Court of First Instance, Arts 104(2) and (3) and 109) (see paras 30-31)
      4.                     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 and 242 EC; Rules of Procedure of the Court of First Instance, Art.
            104(2); Council Regulation No 659/1999, Art. 7) (see paras 61-62)
      Re:
      
         
               APPLICATION for suspension of the operation of Article 1 of Commission Decision C(2008) 2223 final of 4 June 2008 on the State
                  aid awarded by the Republic of Hungary through power purchase agreements.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim relief is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.