Order of the President of the General Court of 8 January 2010 – Escola Superior Agrária de Coimbra v Commission
(Case T-446/09 R)
Interim measures – Programme Life – Reimbursement of a part of the amounts paid – Recovery order – Debit note – Application for suspension of enforcement – Financial loss – Exceptional circumstances – Lack of urgency
1.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – 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 12-14)
2.Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage capable of arising at any moment – Concept – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 17)
3.Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Situation capable of seriously compromising the carrying out by a public educational establishment of its public service functions (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21, 25-33)
Re:
| APPLICATION for suspension of operation of the decisions contained, respectively, in Commission letter D (2009) 224268 of 9 September 2009, concerning a recovery order, and Commission debit note No 3230909105 of 11 September 2009 for an amount of EUR 327 500.35. |
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.