CASE COMMENT : EC PROCEDURE - INTERIM MEASURES - URGENCY - STATE AID

Interlocutory measures: The CFI rules that, even bankrupt, an applicant must establish more than mere financial harm in order to obtain the suspension of a State aid recovery order (Huta Buczek/Commission)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI (Pres. Order), 14 March 2008, Buczek Automotive v Commission, Case T-1/08 R CFI (Pres. Order), 14 March 2008, Huta Buczek v. Commission, Case T-440/07 R It is settled case-law that only in very exceptional circumstances can financial damage justify the granting of provisional measures. The damage must be serious and irreparable. It is thus incumbent on the applicant to prove that its existence would be threatened in the absence of the interim measures. This condition may be met, for example, where an association of undertakings is unable to provide a bank guarantee as a condition for postponing the recovery of a decision imposing a fine (see, for

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Interlocutory measures: The CFI rules that, even bankrupt, an applicant must establish more than mere financial harm in order to obtain the suspension of a State aid recovery order (Huta Buczek/Commission), 14 March 2008, Concurrences N° 2-2008, Art. N° 16769, p. 154

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