Order of the President of the Court of First Instance of 23 December
   2008 - AES-Tisza v Commission

   (Case T-468/08 R)

   Application for interim measures - State aid - Commission decision
   declaring aid awarded by the Republic of Hungary to certain electricity
   producers through power purchase agreements to be incompatible with the
   common market - Application for suspension of operation - Lack of
   urgency - Weighing up of interests

   1.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Prima facie case - Urgency - Serious and irreparable damage -
   Cumulative nature (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure
   of the Court of First Instance, Art. 104(2)) (see paras 10-13)

   2.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Serious and
   irreparable damage - Burden of proof - Financial loss (Art. 242 EC;
   Rules of Procedure of the Court of First Instance, Art. 104(2)) (see
   paras 28-29, 35-39, 42, 45-47)

   3.                     Applications for interim measures - Conditions
   of admissibility - Application - Formal requirements - Statement of the
   pleas in law establishing a prima facie case for granting the measures
   sought (Arts 242 EC and 243 EC; Rules of Procedure of the Court of
   First Instance, Arts 104(2) and (3) and 109) (see paras 30-31)

   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 61-62)

   Re:

   APPLICATION for suspension of the operation of Article 1 of Commission
   Decision C(2008) 2223 final of 4 June 2008 on the State aid awarded by
   the Republic of Hungary through power purchase agreements.

   Operative part

   1.

   The application for interim relief is dismissed.

   2.

   Costs are reserved.