Order of the President of the General Court of 20August 2014— Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
(Case T‑215/14 R)
Interim proceedings— State aid— Airport infrastructure— Public finance granted by the local authorities to a regional airport— Decision declaring the aid incompatible with the internal market and ordering its recovery— Application for suspension of operation— Lack of 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— 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 paras 17,18)
2.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 (Arts 278 TFEU, 279 TFEU and 288, fourth para., TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 37, 40-44)
3.Application for interim measures— Suspension of operation of a measure— Conditions for granting— Urgency— Serious and irreparable damage— Commission decision ordering 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 means of redress into consideration when assessing whether the application for interim measures is well founded— Not irreparable (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 46, 47, 51-54)
4.Application for interim measures— Suspension of operation of a measure— Conditions for granting— Balancing of all the interests involved— Commission decision ordering recovery of State aid— Public interest defended by the Commission and interest of the aid beneficiary— No exceptional circumstances— Primacy of the public interest (Arts 108(2) TFEU and 278 TFEU; Council Regulation No659/1999, Art. 7) (see paras 60-62, 65)
Re:
| APPLICATION to suspend operation of Commission Decision C(2014) 759 final of 11February 2014 relating to measure SA.35388 (2013/C) (ex 2013/NN and ex 2012/N)— Poland— Conversion of the Gdynia-Kosakowo airport. |
Operative part
1. |
| The application for interim measures is dismissed. |
2. |
| Costs are reserved. |