CELEX: 62011TO0209
Language: en
Date: 2011-06-21 00:00:00
Title: Order of the President of the General Court of 21 June 2011. # MB System GmbH & Co. KG v European Commission. # Application for interim measures - State aid - Recovery obligation - Application for stay of execution - Urgency - Balancing of interests. # Case T-209/11 R.

Order of the President of the General Court of 21 June 2011 – MB System v Commission
      (Case T-209/11 R)
      Application for interim measures – State aid – Recovery obligation – Application for stay of execution – Urgency – Balancing 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 – Balancing of all the interests involved – Order
            of examination and method of verification – Discretion of the judge hearing the application for interim relief (Arts 256(1)
            TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16-19)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Realisation of the damage depending on future and uncertain events – Lack of urgency (Art. 278 TFEU)
            (see paras 27-28)
      3.                     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 situation of the group to which the applicant company belongs – Protection of the financial
            interests of the Union taking priority over those of an individual controlling the applicant company (Art. 278 TFEU) (see
            paras 29-33)
      4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Exceptional circumstances – Taking into account of the financial situation of the group to which the
            applicant company belongs – Assessment on a case-by-case basis (Art. 278 TFEU) (see paras 34-35)
      5.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas
            in law establishing a prima facie case for granting the measures sought – Lodging of an additional pleading in order to remedy
            deficiencies – Incompatibility with the procedure for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the
            General Court, Art. 104(2)) (see para. 36)
      6.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Commission decision ordering recovery of State aid – National implementing measures – National rights of action –
            Effect (Arts 263 TFEU and 278 TFEU) (see paras 46-48)
      7.                     Acts of the institutions – Objection before the national court concerning the legality of a Union measure on the occasion
            of an action brought against a national implementing measure – Suspension granted of the national measure – Lawfulness – Conditions
            – Reference to the Court of Justice by means of a request for a preliminary ruling on validity – Serious and irreparable damage
            – Taking into account of the Union’s interest (see para. 49)
      Re:
      
         
               APPLICATION for suspension in part of Commission Decision C(2010) 8289 final of 14 December 2010 on State aid No C 38/2005
                  (ex NN 52/2004) granted by Germany to the Biria Group.
               
            Operative part
      
         
                   
               
               
                  
               
               
                  	1.The application for interim measures is dismissed.
               
            
         
                   
               
               
                  
               
               
                  	2.Costs are reserved.