Order of the President of the Court of First Instance of 13 July 2009 -
   Sniace v Commission

   (Case T-238/09 R)

   Application for interim measures - State aid - Decision declaring aid
   incompatible with the common market and ordering its recovery -
   Application for suspension of operation - Failure to have regard to
   formal requirements - Inadmissibility

   1.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Prima facie case - Urgency - Serious and irreparable damage -
   Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules
   of Procedure of the Court of First Instance, Art. 104(2)) (see para.
   15)

   2.                     Applications for interim measures - Conditions
   for admissibility - Application - Formal requirements (Art. 242 EC;
   Rules of Procedure of the Court of First Instance, Art. 104(2) and (3))
   (see paras 16-17, 21)

   3.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Urgency - Serious and irreparable damage capable of arising at any
   moment - Meaning - Burden of proof (Arts 242 EC and 243 EC; Rules of
   Procedure of the Court of First Instance, Art. 104(2)) (see paras
   24-25)

   4.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Serious and
   irreparable damage - Commission decision ordering recovery of State aid
   - National implementing measures - National rights of action - Effect
   (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art.
   104(2)) (see para. 27)

   5.                     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, 242 EC
   and 243 EC; Rules of Procedure of the Court of First Instance, Art.
   104(2); Council Regulation No 659/1999, Art. 7) (see paras 30-31)

   Re:

   APPLICATION for suspension of the operation of Commission Decision
   C(2009) 1479 final of 10 March 2009 relating to measure C 5/2000 (ex NN
   118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega,
   Cantabria, and amending Decision 1999/395/EC of 28 October 1998.

   Operative part

   1.

   The application for interim measures is dismissed.

   2.

   Costs are reserved.