Order of the President of the Court of First Instance of 14 March 2008 – Huta Buczek v Commission

(Case T-440/07 R)

Interim measures – Application for suspension of operation of a measure – Admissibility – No urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 18-20)

2.                     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 paras 23-24, 46-50, 62)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Commission decision ordering recovery of State aid (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 67-68)

4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Decision on State aid (Arts 88(2) EC and 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Regulation No 659/1999, Art. 7) (see paras 75-76)

Re:

APPLICATION for suspension of operation of Commission Decision C(2007) 5087 final of 23 October 2007 in Case No C 23/2006 (ex NN 35/2006) concerning State aid granted by Poland to the steel producer Grupa Technologie Buczek.

Operative part

The Court:

1.

Dismisses the application;

2.

Reserves the costs.