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Order of the President of the Court of First Instance of 23 December 2008. # AES-Tisza Erőmű kft (AES-Tisza kft) v Commission of the European Communities. # Application for interim measures - State aid - Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market - Application for suspension of operation - Lack of urgency - Weighing up of interests. # Case T-468/08 R.
ECLI:EU:T:2008:621
62008TO0468
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(Case T-468/08 R)
Application for interim measures – State aid – Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market – Application for suspension of operation – Lack of urgency – Weighing up 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 (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)
Re:
APPLICATION for suspension of the operation of Article 1 of Commission Decision C(2008) 2223 final of 4 June 2008 on the State aid awarded by the Republic of Hungary through power purchase agreements.
Operative part
1.The application for interim relief is dismissed.
2.Costs are reserved.