Order of the President of the General Court of 14 March 2017

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedOrder of examination and method of verificationDiscretion of the court hearing the application for interim relief

(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 8-11)

Application for interim measuresSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial lossSituation which could jeopardise the existence of the applicant company or irremediably alter its position in the marketAssessment having regard to the situation of the group to which the applicant company belongs

(Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see para. 15)

Application for interim measuresSuspension of operation of a measureSuspension of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fineConditions for grantingExceptional circumstancesBurden of proof

(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 16, 20-22)

Re:

APPLICATION on the basis of Articles 278 TFEU and 279 TFEU seeking the grant of interim measures ordering a waiver of the obligation to provide a bank guarantee as a condition of the prefinancing of the subsidy flowing from Parliament Decision FINS-2017-13 of 15 December 2016 on the financing granted to the applicant.

Operative part

The application for interim measures is dismissed.

Costs are reserved.