Order of the President of the Court of First Instance of 16 November 2007 –
Dimos Peramatos v Commission
(Case T-312/07 R)
Application for interim measures – Decision to recover financial assistance – Application for suspension of operation of a measure – Admissibility – Lack of urgency
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-11)
2. Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility – Prima facie admissibility of the main action (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-24)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 34-36)
Re:
APPLICATION for suspension of operation of Commission Decision C(2005) 5361, of 7 December 2005, concerning the recovery of financial assistance paid in the context of a subsidy granted to the Dimos Peramatos (Commune of Perama) by Decision C 97/1997/final of 17 July 1997.
Operative part
The Court:
1.
Dismisses the application for interim measures;
2.
Reserves the costs.
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