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Document 62006TO0069

Order of the President of the Court of First Instance of 2 August 2006.
Aughinish Alumina Ltd v Commission of the European Communities.
Application for interim measures - Application for suspension of operation of a measure - State aid - Urgency.
Case T-69/06 R.

European Court Reports 2006 II-00058*

ECLI identifier: ECLI:EU:T:2006:225





Order of the President of the Court of First Instance of 2 August 2006 – Aughinish Alumina v Commission

(Case T-69/06 R)

Application for interim measures – Application for suspension of operation of a measure – State aid – Urgency

1.                     Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Urgency – Prima facie case – Cumulative requirements (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 31-33)

2.                     Applications for interim measures – Suspension of operation – Conditions of grant – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 64-67, 69, 72, 80-81)

3.                     Applications for interim measures – Suspension of operation – Conditions of grant – Prima facie case – Urgency – Cumulative requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 84-86)

Re:

APPLICATION for suspension of the operation of Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia, implemented by France, Ireland and Italy respectively (OJ 2006 L 119, p. 12), in so far as it relates to the applicant.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Reserves the costs.

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