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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.
ECLI:EU:T:2010:306
62010TO0177
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(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
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 – 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.