Order of the President of the Court of First Instance of 8 July 2008 – Fondazione Opera S. Maria della Carità and Others v Commission

(Joined Cases T-234/00 R, T-235/00 R and T-283/00 R)

Application for interim measures – Application for suspension of operation – Admissibility

1.                     Application for interim measures – Conditions of admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-24)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Commission decision ordering recovery of State aid (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 25-27)

Re:

APPLICATION for suspension of operation of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws 30/1997 and 206/1995 (OJ 2000 L 150, p. 50).

Operative part

The Court:

1.

Orders Cases T-234/00 R, T-235/00 R and T-283/00 R, while themselves all remaining joined, to be separated from the other cases referred to in the order of the President of the Court of First Instance of 2 July 2008;

2.

Rejects the applications for interim measures;

3.

Reserves the costs.