21.5.2011

Official Journal of the European Union

C 152/23

(Case T-490/10 R)

(Interim measures - State aid - Compensation for the additional production costs of certain power plants arising from the public service obligation to produce certain volumes of electricity out of indigenous coal and implementation of a ‘preferential dispatch mechanism’ in their favour - Decision not to raise objections - Application for suspension of operation - Prima facie case - Lack of urgency - Weighing of the interests)

2011/C 152/42

Language of the case: Spanish

Parties

Applicants: Endesa, SA (Madrid, Spain) and Endesa Generación, SA (Seville, Spain) (represented by: M. Merola, lawyer)

Defendant: European Commission (represented by: É. Gippini Fournier and C. Urraca Caviedes, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, acting as Agent)

Re:

Application for interim measures seeking, in essence, an order for the suspension of operation of Commission Decision C(2010) 4499 of 29 September 2010 relating to State aid No N 178/2010 notified by the Kingdom of Spain in the form of a public service compensation linked to a preferential dispatch mechanism in favour of electricity power plants which use indigenous coal

Operative part of the order

The order of the President of the General Court of 3 November 2010 in Case T-490/10 R Endesa and Endesa Generación v Commission, not published in the ECR, is cancelled.

A period shall be fixed for Endesa, SA, Endesa Generación, SA, the Commission and the Kingdom of Spain to request that certain confidential information in the file and in the present order be excluded from communication to the parties referred to in point 1 of this operative part and to provide, for the purposes of that communication, a non-confidential version of the documents in the file and of the present order.

The costs are reserved.