Order of the President of the Court of First Instance of 11 October
   2007 - MB Immobilien v Commission

   (Case T-120/07 R)

   Interim measures - State Aid to the new Länder - Obligation to recover
   aid - Application for suspension of operation of a measure - Urgency -
   Balancing of interests

   1.                     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)

   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

   1.

   The application for interim measures is dismissed.

   2.

   Costs are reserved.