Order of the President of the Court of First Instance of 29 January 2007 – Olympiaki Aeroporia Ypiresies v Commission

(Case T-423/05 R)

Interim measures – Suspension of operation – State aid – Urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – 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 62-64)

2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 66-69)

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 70-71)

Re:

APPLICATION for the suspension of operation of Article 2(1) in combination with Article 1(2) to (4) of the Commission’s decision concerning State aid (C 11/2004 (ex NN 4/2003) – Olympic Airways – Restructuring and privatisation) of 14 September 2005.

Operative part

The Court:

Dismisses the application for interim measures;

Reserves the costs.