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Document 62007TO0312

    Order of the Court of First Instance (Third Chamber) of 16 November 2007.
    Dimos Peramatos v Commission of the European Communities.
    Application for interim measures - Decision to recover financial assistance - Application for suspension of operation of a measure - Admissibility - Lack of urgency.
    Case T-312/07 R.

    Thuarascálacha na Cúirte Eorpaí 2007 II-00157*

    ECLI identifier: ECLI:EU:T:2007:345





    Order of the President of the Court of First Instance of 16 November 2007 –

    Dimos Peramatos v Commission

    (Case T-312/07 R)

    Application for interim measures – Decision to recover financial assistance – Application for suspension of operation of a measure – Admissibility – Lack of urgency

    1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-11)

    2.                     Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility – Prima facie admissibility of the main action (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-24)

    3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 34-36)

    Re:

    APPLICATION for suspension of operation of Commission Decision C(2005) 5361, of 7 December 2005, concerning the recovery of financial assistance paid in the context of a subsidy granted to the Dimos Peramatos (Commune of Perama) by Decision C 97/1997/final of 17 July 1997.

    Operative part

    The Court:

    1.

    Dismisses the application for interim measures;

    2.

    Reserves the costs.

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