Order of the President of the General Court of 23 March 2017 —
Hungary v Commission
(Case T‑20/17 R)
(Application for interim measures — State aid — Hungarian tax on advertisement turnover — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — No urgency)
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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—Balancing of all the interests involved—Order of examination and method of verification—Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 7-10) |
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Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Harm that can be pleaded by a Member State—Obligation to establish that, without the interim measure, State functions, public order or an entire sector of the economy would be seriously affected—No urgency (Arts 256 TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 14-21) |
Re:
APPLICATION based on Articles 278 TFEU and 279 TFEU, seeking suspension of operation of Commission Decision C(2016) 6929 final of 4 November 2016 on the measure SA.39235 (2015/C) (ex 2015/NN) implemented by Hungary on the taxation of advertisement turnover.
Operative part
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The application for interim measures is dismissed. |
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Costs are reserved. |