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Order of the President of the Court of First Instance of 23 January 2009. # Pannon Hőerőmű Energiatermelő, Kereskedelmi és Szolgáltató Zrt. (Pannon Hőerőmű Zrt.) v Commission of the European Communities. # Interim measures - State aid - Commission decision declaring State aid granted by Hungary in favour of certain electricity producers by way of electricity purchasing agreements incompatible with the common market - Application for stay of execution - Lack of urgency - Balancing of interests. # Case T-352/08 R.
ECLI:EU:T:2009:15
62008TO0352
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(Case T-352/08 R)
Interim measures – State aid – Commission decision declaring State aid granted by Hungary in favour of certain electricity producers by way of electricity purchasing agreements incompatible with the common market – Application for stay of execution – Lack of urgency – Balancing of interests
1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)
4. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 40, 54)
Re:
APPLICATION for stay of execution of Article 2 of Commission Decision C(2008) 2223 final of 4 June 2008 on State aid granted by the Republic of Hungary by way of electricity purchasing agreements.
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.