This document is an excerpt from the EUR-Lex website
Document 62021CO0547
Order of the Vice-President of the Court of 13 December 2021.
Portuguese Republic v European Commission.
Appeal – Interim relief – State aid – Madeira Free Zone (Portugal) – Granting of tax advantages to companies – State aid scheme implemented by the Portuguese Republic – Decision declaring the aid incompatible with the internal market – Urgency – Serious and irreparable harm.
Case C-547/21 P(R).
Order of the Vice-President of the Court of 13 December 2021.
Portuguese Republic v European Commission.
Appeal – Interim relief – State aid – Madeira Free Zone (Portugal) – Granting of tax advantages to companies – State aid scheme implemented by the Portuguese Republic – Decision declaring the aid incompatible with the internal market – Urgency – Serious and irreparable harm.
Case C-547/21 P(R).
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2021:1007
Order of the Vice-president of the Court of Justice of 13 December 2021 – Portugal v Commission
(Case C‑547/21 P(R))
(Appeal – Interim relief – State aid – Madeira Free Zone (Portugal) – Granting of tax advantages to companies – State aid scheme implemented by the Portuguese Republic – Decision declaring the aid incompatible with the internal market – Urgency – Serious and irreparable harm)
1. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable harm – Harm that can be pleaded by a Member State (Arts 278 and 279 TFEU) (see paras 22, 23) |
2. |
Appeals – Grounds – Inadequate statement of reasons – Application in the case of interim orders (see para. 76) |
3. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable harm – Burden of proof – Damage foreseeable with a reasonable degree of probability (Arts 278 and 279 TFEU) (see paras 78-81) |
4. |
Interim relief – Procedure – Measures of organisation of procedure – Request to hear witnesses – Discretion of the court hearing the application for interim relief (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 157) (see paras 82-84) |
5. |
Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted – Ground of appeal alleging distortion of the clear sense of the evidence – Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion – Requirement that the distortion be obvious from the documents in the file (Art. 256 (1), 2d para., TFEU; Statute of the Court of Justice, Art. 58 (1)) (see paras 85-89, 92-94, 101) |
6. |
Appeals – Grounds – Plea alleging failure to sign an order by the President of the General Court and by the Registrar – Specific measures of organisation implemented within the General Court to ensure the continuity of its operation in the context of the COVID-19 pandemic (Rules of Procedure of the General Court, Art. 120) (see paras 115-118) |
Operative part
1. |
The appeal is dismissed. |
2. |
The Portuguese Republic shall pay the cost. |