General Court 04-09-2014 ECLI:EU:T:2014:745

Data

Court: General Court

Case date: 4 september 2014

Verdict

Order of the President of the General Court of 4 September 2014 —

Erbslöh Aluminium v Commission

(Case T‑298/14 R)

"Application for interim measures - State aid - National support for the generation of renewable electricity - Commission decision to open the State aid formal investigation procedure - Application for suspension of operation of a measure - Prima facie case"

Application for interim measuresSuspension of operation of a measureConditions for grantingPrima facie caseExamination prima facie of the pleas in law put forward in support of the main actionAction against a Commission decision to open a formal investigation procedure in respect of a State measure provisionally classified as new aidMeasure allowing a ceiling on a levy on the consumption of electricityRecovery of the levy within the discretion of private electricity supply undertakingsProvisional classification as a measure granting an advantage attributable to the StateManifest error of assessment by the CommissionNone prima facie (Arts 107(1) TFEU, 108(2) TFEU and 278 TFEU) (see paras 14, 19-23)

Re:

APPLICATION to suspend the legal effects of the decision by which the Commission opened the State aid formal investigation procedure concerning the German law on renewable energy.

Operative part

The application for interim measures is dismissed.

The costs are reserved.