Order of the President of the General Court of 9 July 2010 - Alcoa
   Trasformazioni v Commission

   (Case T-177/10 R)

   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 - No urgency

   1.                     Application for interim measures - Suspension of
   operation of a measure - Interim measures - Conditions for granting -
   Prima facie case - Urgency - Serious and irreparable damage -
   Cumulative nature - Balancing of all the interests involved - Order of
   examination and method of verification - Discretion of the judge
   dealing with the application for interim relief (Arts 256(1) TFEU, 278
   TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.
   104(2)) (see paras 17-18)

   2.                     Application 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 situation of the group to which the
   applicant company belongs (Art. 278 TFEU; Rules of Procedure of the
   General Court, Art. 104(2)) (see paras 38-50)

   3.                     Application 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 situation of the group to which the
   applicant company belongs (Art. 278 TFEU; Rules of Procedure of the
   General Court, Art. 104(2)) (see paras 51-55)

   4.                     Application 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. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2))
   (see para. 57)

   5.                     Application for interim measures - Suspension of
   operation of a measure - Conditions for granting - Urgency - Serious
   and irreparable damage - Financial loss - Loss capable of full remedy
   in an action for compensation - Not irreparable (Arts 268 TFEU, 278
   TFEU and 340 TFEU; Rules of Procedure of the General Court, Art.
   104(2)) (see para. 58)

   6.                     Application for interim measures - Suspension of
   operation of a measure - Interim measures - Conditions for granting -
   Balancing of all the interests involved - Decision on the recovery of
   State aid - Public interest defended by the Commission and the interest
   of the beneficiary of the aid - No exceptional circumstances - Primacy
   of the public interest (Art. 88(2) EC; Arts 278 TFEU and 279 TFEU) (see
   paras 61-64)

   Re:

   APPLICATION for suspension of operation of 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.

   Operative part

   1.

   The application for interim measures is dismissed.

   2.

   Costs are reserved.