CELEX: 62010TO0177
Language: en
Date: 2010-07-09 00:00:00
Title: Order of the President of the General Court of 9 July 2010. # Alcoa Trasformazioni Srl v European Commission. # Interim measures - State aid - Preferential electricity tariffs - Decision declaring the aid incompatible with the common market and ordering its recovery - Application for suspension of operation of a measure - No urgency. # Case T-177/10 R.

Order of the President of the General Court of 9 July 2010 – Alcoa Trasformazioni v Commission 
      (Case T-177/10 R)
      Interim measures – State aid – Preferential electricity tariffs – Decision declaring the aid incompatible with the common market and ordering its recovery – Application for suspension of operation of a measure – No 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 – Order
            of examination and method of verification – Discretion of the judge dealing with 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 17-18)
      2.                     Application 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 (Art. 278 TFEU; Rules of Procedure
            of the General Court, Art. 104(2)) (see paras 38-50)
      3.                     Application 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 (Art. 278 TFEU; Rules of Procedure
            of the General Court, Art. 104(2)) (see paras 51-55)
      4.                     Application 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 (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 57)
      5.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Financial loss – Loss capable of full remedy in an action for compensation – Not irreparable (Arts 268
            TFEU, 278 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 58)
      6.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Balancing
            of all the interests involved – Decision on the recovery of State aid – Public interest defended by the Commission and the
            interest of the beneficiary of the aid – No exceptional circumstances – Primacy of the public interest (Art. 88(2) EC; Arts
            278 TFEU and 279 TFEU) (see paras 61-64)
      Re:
      
         
               APPLICATION for suspension of operation of Commission decision C(2009) 8112 final of 19 November 2009 on the State aid C 38/A/2004
                  (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006) implemented by the Italian Republic in favour of Alcoa Trasformazioni.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.