CELEX: 62007TO0440(01)
Language: en
Date: 2008-03-14 00:00:00
Title: Order of the President of the Court of First Instance of 14 March 2008.#Huta Buczek sp. z o.o. v Commission of the European Communities.#Interim measures - Application for suspension of operation of a measure - Admissibility - No urgency.#Case T-440/07 R.

Order of the President of the Court of First Instance of 14 March 2008 – Huta Buczek v Commission
      (Case T-440/07 R)
      Interim measures – Application for suspension of operation of a measure – Admissibility – No urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 225(1) EC, 242 EC and 243 EC; Rules
            of Procedure of the Court of First Instance, Art. 104(2)) (see paras 18-20)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-24, 46-50,
            62)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Commission decision ordering recovery of State aid (Art. 242 EC; Rules of Procedure of the Court of First Instance,
            Art. 104(2)) (see paras 67-68)
      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 75-76)
      Re:
      
         
               APPLICATION for suspension of operation of Commission Decision C(2007) 5087 final of 23 October 2007 in Case No C 23/2006
                  (ex NN 35/2006) concerning State aid granted by Poland to the steel producer Grupa Technologie Buczek.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.