CELEX: 62010TO0079
Language: en
Date: 2010-06-09 00:00:00
Title: Order of the President of the General Court of 9 June 2010. # COLT Télécommunications France SAS v European Commission. # Application for interim measures - State aid - Operation of a very-high-speed broadband electronic communications network - Compensation for public service costs - Decision finding that the notified measure does not constitute aid - Application for suspension of operation of a measure - Lack of urgency. # Case T-79/10 R.

Order of the President of the General Court of 9 June 2010 – COLT Télécommunications France v Commission
      (Case T-79/10 R)
      Application for interim measures – State aid – Operation of a very-high-speed broadband electronic communications network – Compensation for public service costs – Decision finding that the notified measure does not constitute aid – Application for suspension of operation of a measure – Lack of urgency
      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 – Balancing of all the interests involved (Arts
            256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-16)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof – Financial loss – Irremediable change in market share – Included (Arts
            256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 30, 36-39, 41)
      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 being remedied by the award of compensation in the main action (Arts
            278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 44)
      Re:
      
         
               APPLICATION for suspension of operation of Commission Decision C(2009) 7426 final of 30 September 2009 on a plan to grant
                  compensation for public service costs of EUR 59 million for the establishment and operation of a very-high-speed broadband
                  electronic communications network in the department of Hauts-de-Seine (France).
               
            Operative part: 
      1.      The application for interim measures is dismissed. 
      2.      Costs are reserved.