Order of the President of the General Court of 21 June 2011 - MB System
   v Commission

   (Case T-209/11 R)

   Application for interim measures - State aid - Recovery obligation -
   Application for stay of execution - Urgency - Balancing 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 - Balancing of all the interests involved - Order of
   examination and method of verification - Discretion of the judge
   hearing 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 16-19)

   2.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Urgency - Serious
   and irreparable damage - Realisation of the damage depending on future
   and uncertain events - Lack of urgency (Art. 278 TFEU) (see paras
   27-28)

   3.                     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 situation of the group to which the
   applicant company belongs - Protection of the financial interests of
   the Union taking priority over those of an individual controlling the
   applicant company (Art. 278 TFEU) (see paras 29-33)

   4.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Urgency - Serious
   and irreparable damage - Exceptional circumstances - Taking into
   account of the financial situation of the group to which the applicant
   company belongs - Assessment on a case-by-case basis (Art. 278 TFEU)
   (see paras 34-35)

   5.                     Applications for interim measures - Conditions
   for admissibility - Application - Formal requirements - Statement of
   the pleas in law establishing a prima facie case for granting the
   measures sought - Lodging of an additional pleading in order to remedy
   deficiencies - Incompatibility with the procedure for interim relief
   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
   Art. 104(2)) (see para. 36)

   6.                     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
   (Arts 263 TFEU and 278 TFEU) (see paras 46-48)

   7.                     Acts of the institutions - Objection before the
   national court concerning the legality of a Union measure on the
   occasion of an action brought against a national implementing measure -
   Suspension granted of the national measure - Lawfulness - Conditions -
   Reference to the Court of Justice by means of a request for a
   preliminary ruling on validity - Serious and irreparable damage -
   Taking into account of the Union's interest (see para. 49)

   Re:

   APPLICATION for suspension in part of Commission Decision C(2010) 8289
   final of 14 December 2010 on State aid No C 38/2005 (ex NN 52/2004)
   granted by Germany to the Biria Group.

   Operative part


   1.The application for interim measures is dismissed.


   2.Costs are reserved.