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Order of the President of the General Court of 14 October 2011. # Rousse Industry v European Commission. # Application for interim measures - State aid - Decision declaring aid to be incompatible with the common market and ordering its recovery - Application for suspension of operation - Failure to have regard to formal requirements - Inadmissibility # Case T-489/11 R.

ECLI:EU:T:2011:597

62011TO0489

October 14, 2011
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(Case T-489/11 R)

Application for interim measures – State aid – Decision declaring aid to be incompatible with the common market and ordering its recovery – Application for suspension of operation – Failure to have regard to formal requirements – Inadmissibility

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Main action seeking annulment of a Commission decision ordering repayment of State aid – Existence before the national court of remedies against the national implementing measures – Possibility of avoiding serious and irreparable damage (Art. 278 TFEU) (see para. 14)

Re:

APPLICATION for suspension of operation of Commission Decision C(2011) 4903 final of 13 July 2011 declaring incompatible with the internal market the aid granted by Bulgaria in favour of Rousse Industry in the form of rescheduling of debts owed to the State (State aid C 12/2010 and N 389/2009) in so far as that decision orders the recovery of that aid from the applicant.

Operative part

1.The application for interim measures is dismissed.

2.Costs are reserved.

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