Order of the President of the Court of 14 December 2011 - Alcoa
   Trasformazioni v Commission

   (Case C-446/10 P(R))

   Appeal - Application for interim measures - State aid - Preferential
   electricity tariffs - Decision declaring the aid incompatible with the
   common market and ordering its recovery - Application for suspension of
   operation of a measure - Urgency

   1.                     Applications for interim measures - Suspension
   of operation of a measure - Suspension of the operation of a decision
   ordering the recovery of State aid - Conditions for granting - Serious
   and irreparable damage - The applicant's actual situation - Assessment
   having regard to the situation of the group to which the applicant
   company belongs (Art. 278 TFEU; Rules of Procedure of the Court of
   Justice, Art. 83(2); Rules of Procedure of the General Court, Art.
   104(2)) (see paras 17-18, 20-22)

   2.                     Applications for interim measures - Suspension
   of operation of a measure - Suspension of the operation of a decision
   ordering the recovery of State aid - Conditions for granting - Serious
   and irreparable damage - Taking account of the objective interests of
   the undertaking concerned in surviving independently of the members of
   the group to which it belongs - Excluded - Interests of the group not
   apparently independent with regard to those of its members (Art. 278
   TFEU; Rules of Procedure of the General Court, Art. 83(2); Rules of
   Procedure of the General Court, Art. 104(2)) (see paras 18, 20)

   3.                     Applications for interim measures - Suspension
   of operation of a measure - Suspension of the operation of a decision
   ordering the recovery of State aid - Conditions for granting - Serious
   and irreparable damage - Insolvency of the undertaking concerned -
   Non-existence of the necessary link to the condition of urgency (Art.
   278 TFEU; Rules of Procedure of the Court of Justice, Art. 83(2); Rules
   of Procedure of the General Court, Art. 104(2)) (see para. 22)

   4.                     Applications for interim measures - Community
   law - Suspension of the operation of a decision ordering the recovery
   of State aid - Whether there exist any means of obtaining legal redress
   before the national court against national implementing measures -
   Irrelevant to the admissibility of the application for interim relief -
   Union judicature may take into consideration such means of obtaining
   redress when assessing the substance of the application for interim
   relief (Art. 278 TFEU; Rules of Procedure of the Court of Justice, Art.
   83(2); Rules of Procedure of the General Court, Art. 104(2)) (see paras
   46-48)

   5.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Serious and irreparable damage - Irreparableness of the damage -
   Assessment solely on the basis of the uncertainty as to compensation
   for pecuniary damage in an action for damages - Not permissible (Arts
   278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice, Art.
   83(2); Rules of Procedure of the General Court, Art. 104(2)) (see paras
   54-57)

   6.                     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 - Weighing up of all the interests involved - Order
   of examination and method of verification - Discretion of the judge
   dealing with the application for interim relief (Arts 278 TFEU and 279
   TFEU, Rules of Procedure of the Court of Justice, Art. 83(2); Rules of
   Procedure of the General Court, Art. 104(2)) (see paras 63-66)

   Re:

   Appeal brought against the order of the President of the General Court
   of 9 July 2010 in Case T-177/10 R Alcoa Trasformazioni v Commission -
   Commission decision C(2009) 8112 final of 19 November 2009 on the State
   aid C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006)
   implemented by the Italian Republic in favour of Alcoa Trasformazioni
   Srl

   Operative part

   1.

   The appeal is dismissed.

   2.

   Alcoa Trasformazioni Srl is ordered to pay the costs.