CELEX: 62007TO0120
Language: en
Date: 2007-10-11 00:00:00
Title: Order of the President of the Court of First Instance of 11 October 2007. # MB Immobilien Verwaltungs GmbH v Commission of the European Communities. # Interim measures - State Aid to the new Länder - Obligation to recover aid - Application for suspension of operation of a measure - Urgency - Balancing of interests. # Case T-120/07 R.

Order of the President of the Court of First Instance of 11 October 2007 – MB Immobilien v Commission
      (Case T-120/07 R)
      Interim measures – State Aid to the new Länder – Obligation to recover aid – Application for suspension of operation of a measure – Urgency – Balancing of interests
      1.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company
            – Assessment having regard to the company’s group situation – Control held by a natural person not a legal person – Not relevant
            (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-38)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the
            interests involved – Commission decision ordering recovery of State aid (Art. 242 EC; Rules of Procedure of the Court of First
            Instance, Art. 104(2)) (see paras 45-46)
      Re: 
      
         
               APPLICATION for suspension of operation of Commission Decision 2007/492/EC of 24 January 2007 on State Aid No C 38/2005 (ex
                  NN 52/2004) implemented by Germany for the Biria-Gruppe (OJ 2007 L 183, p. 27).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.