Keywords
Subject of the case
Operative part

Keywords

Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the company’s group situation – Control held by a natural person not a legal person – Not relevant (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-38)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Commission decision ordering recovery of State aid (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 45-46)

Subject of the case

Re:

APPLICATION for suspension of operation of Commission Decision 2007/492/EC of 24 January 2007 on State Aid No C 38/2005 (ex NN 52/2004) implemented by Germany for the Biria-Gruppe (OJ 2007 L 183, p. 27).

Operative part

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.