Order of the President of the General Court of 29August 2013—France v Commission(Case T‑366/13

Order of the President of the General Court of 29August 2013—
France v Commission

(Case T‑366/13 R)

Interim relief— State aid— Aid implemented in favour of companies responsible for the public service of providing maritime transport services between Corsica and Marseille— Compensation paid in respect of additional services provided to cover peak periods during the tourist season— Decision classifying that aid as incompatible with the internal market and ordering the recovery of that aid from the recipients— Application for stay of execution— 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 court hearing the application for interim relief (Arts278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.104(2)) (see paras14-16)

2.Application for interim measures— Suspension of operation of a measure— Interim measures— Conditions for granting— Urgency— Serious and irreparable damage— Burden of proof— Financial loss— Whether the risk materialises dependent on uncertain, future events— No urgency (Arts278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.104(2)) (see paras24, 34, 37, 42, 50, 56)

3.Application for interim measures— Suspension of operation of a measure— Interim measures— Conditions for granting— Serious and irreparable damage— Harm that can be pleaded by a Member State (Arts278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art.104(2)) (see para.25)

4.Application for interim measures— Suspension of operation of a measure— Interim measures— Conditions for granting— Urgency— Commission decision ordering recovery of State aid— Decision addressed to the Member State and not to the beneficiary— Account taken of national implementing measures— Non-binding measures— No urgency (Arts278 EU, 279 TFEU and 288, fourth para., TFEU; Rules of Procedure of the General Court, Art.104(2)) (see paras29, 41, 56)

5.Application for interim measures— Community law— Suspension of the operation of a decision ordering the recovery of State aid— Whether there exists any means of obtaining legal redress before the national court against national implementing measures— Power of the EU judicature to take such remedies into account when assessing the substance of the application for interim measures (Art.278 TFEU; Rules of Procedure of the General Court, Art.104(2)) (see paras44-47)

Re:

APPLICATION for stay of execution of Decision C(2013)1926 final of the European Commission of 2May 2013 on State aid NoSA.22843 (2012/C) (ex2012/NN) implemented by France in favour of the Société nationale Corse Méditerranée and the Compagnie méridionale de navigation.

Operative part

1.

The application for interim relief is dismissed.

2.

Costs are reserved.