(Cases T-84/10 R and T-223/10 R)

Application for interim measures – Decision to reduce Community financial assistance – Debit note – Application to suspend the operation of a measure – No urgency

1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 12-13)

2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Situation capable of seriously compromising the exercise by a regional body of its public service tasks – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 18-22, 25)

3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss – Loss capable of remedy by the granting of compensation in the main action – Not irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24)

Re:

ACTION to suspend the operation, first, of Commission Decision C(2009) 10350 of 22 December 2009, concerning the cancellation of part of the contribution from the European Regional Development Fund (ERDF), allocated to Italy for the operational programme POR Puglia, within Objective 1 (2000‑2006) and, second, of the payment order contained in the debit note of 26 February 2010 issued following that decision.

Operative part

1. Cases T-84/10 R and T-223/10 R are joined for the purposes of this order.

2. The applications for interim measures are dismissed.

3. Costs are reserved.