Order of the President of the Court of First Instance of 13 December 2006 – Huta Częstochowa v Commission

(Case T‑288/06 R)

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

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 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 11)

2.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see para. 12)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 13)

Re:

APPLICATION for suspension of operation of Article 3 of the Commission decision of 5 July 2005 concerning State aid granted to the steel producer Huta Częstochowa SA in Case No C 20/04, and for the joinder of that application with the application for suspension of operation brought by ISD Polska sp. Z o.o.

Operative part

The Court:

Dismisses the application for interim measures;

Reserves the costs.