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Order of the President of the Court of First Instance of 13 July 2009. # Sniace, SA v Commission of the European Communities. # Application for interim measures - State aid - Decision declaring aid incompatible with the common market and ordering its recovery - Application for suspension of operation - Failure to have regard to formal requirements - Inadmissibility. # Case T-238/09 R.
ECLI:EU:T:2009:271
62009TO0238
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(Case T-238/09 R)
Application for interim measures – State aid – Decision declaring aid incompatible with the common market and ordering its recovery – Application for suspension of operation – Failure to have regard to formal requirements – Inadmissibility
4. Applications 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. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 27)
5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Decision on State aid (Arts 88(2) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Regulation No 659/1999, Art. 7) (see paras 30-31)
Re:
APPLICATION for suspension of the operation of Commission Decision C(2009) 1479 final of 10 March 2009 relating to measure C 5/2000 (ex NN 118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending Decision 1999/395/EC of 28 October 1998.
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.