CELEX: 62007TJ0352
Language: en
Date: 2009-01-14 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 14 January 2009.#Commission of the European Communities v Rednap AB.#Arbitration clause - Contracts concluded in the context of the fourth framework programme of activities in the fields of research and technological development and demonstration - Rise and Healthline projects - Non-compliance of part of the declared expenditure with the contractual provisions - Repayment of part of the advances paid - Default proceedings.#Case T-352/07.

Order of the President of the Court of First Instance of 23 January 2009 – Pannon Hőerőmű v Commission
      (Case T-352/08 R)
      Interim measures – State aid – Commission decision declaring State aid granted by Hungary in favour of certain electricity producers by way of electricity
         purchasing agreements incompatible with the common market – Application for stay of execution – Lack of urgency – Balancing of interests
      
      1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification
            – Discretion of the judge dealing with the application for interim relief (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.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof – Purely hypothetical damage based on the occurrence of future and uncertain
            events (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 27-28, 30, 33)
      3.                     Application 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 – Lodging of an additional memorandum in order to
            remedy deficiencies – Incompatibility with the procedure (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First
            Instance, Arts 104(2) and (3), and 109) (see paras 31-32)
      4.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Financial loss (Arts 242 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras
            40, 54)
      5.                     Application 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) (see paras 58-59)
      Re: 
      
         
               APPLICATION for stay of execution of Article 2 of Commission Decision C(2008) 2223 final of 4 June 2008 on State aid granted
                  by the Republic of Hungary by way of electricity purchasing agreements.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.