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Order of the President of the General Court of 2 December 2011.#Federación Nacional de Empresarios de Minas de Carbón (Carbunión) v Council of the European Union.#Application for interim measures - State aid - Decision on aid intended to facilitate the closure of uncompetitive coal mines - Application for suspension of operation of a measure - Lack of standing to bring proceedings - Lack of concordance with the main action - Non-severability - Inadmissibility - Balance of interests.#Case T-176/11 R.

ECLI:EU:T:2011:710

62011TO0176

December 2, 2011
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(Case T-176/11 R)

Application for interim measures – State aid – Decision on aid intended to facilitate the closure of uncompetitive coal mines – Application for suspension of operation of a measure – Lack of standing to bring proceedings – Lack of concordance with the main action – Non-severability – Inadmissibility – Balance of interests

3. Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Application seeking measures outside the context of the dispute in the main proceedings – Inadmissibility (Art. 278 TFEU) (see paras 22-24)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Application for partial suspension of operation of a decision – Decision 2010/787 on State aid to facilitate the closure of uncompetitive coal mines – Suspension involving a modification of the substance of the decision – Inadmissibility (Art. 278 TFEU) (see paras 26-34)

5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Concept – Preponderance of the public interest over private interests (Art. 278 TFEU) (see paras 36-39, 41-43)

Re:

APPLICATION for partial suspension of operation of Council Decision 2010/787/EU of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines (OJ 2010 L 336, p. 24) and, in the alternative, application for full suspension of operation of that decision.

Operative part

1.The application for interim measures is dismissed.

2.Costs are reserved.

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