Order of the President of the General Court of 14 December 2011 – Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
(Case T-552/11 R)
Application for interim measures – Financial assistance – Debit note seeking recovery of financial assistance – Application for suspension of operation of a measure – Disregard of formal requirements – Inadmissibility
1. Applications for interim measures – Formal requirements – Submission of applications – Brief summary of the pleas in law on which the application is based – Pleas in law not set out in the application and pleadings – General reference to other documents – Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 44(1)(c), and 104(3)) (see paras 8, 10-11, 19)
2. 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 – Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 9)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company – Burden of proof (Art. 278 TFEU) (see paras 13-14)
4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Loss capable of full reparation in the context of the action in the main proceedings or an action for compensation – Not irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 18)
Re:
APPLICATION for suspension of operation of the debit note of 9 September 2011 issued by the Commission seeking recovery of the sum of EUR 83 001.09 paid in the context of financial assistance in support of a medical research project.
Operative part
1.
The application for interim measures is dismissed.
2.
Costs are reserved.
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