Order of the Vice-President of the Court of 21 March 2019 — Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
(Case C‑4 /19 P(R)]
(Appeal — Application for interim measures — Competition — Euro Interest Rate Derivatives sector — European Commission decision establishing an infringement of Article 101 TFEU — Decision 2011/695/EU — Dismissal of an application for confidential treatment of the decision — Information claimed to be confidential — Publication — Principle of the presumption of innocence — Prima facie case )
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 — Assessment in litigation of the protection of confidential information — Condition of prima facie case not satisfied
(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)
(see paras 12, 13, 18-23)
2. Competition — Administrative procedure — Professional secrecy — Establishing whether information is covered by professional secrecy — Balancing of the public interest in the transparency of EU action and legitimate interests opposed to disclosure – An undertaking’s interest in the non-disclosure of certain information in relation to its conduct — Interest not deserving any particular protection in the case of undertakings which participated in an infringement of EU competition rules
(Arts 101 and 102 TFUE; Council Regulation No 1/2003, Arts 28 and 30)
(see paras 33-36)
Operative part
1. | | The appeal is dismissed. |
2. | | Crédit Agricole SA and Crédit Agricole Corporate and Investment Bank shall pay the costs in the present appeal proceedings and in the interim proceedings in Case C‑4/19 P(R)-R. |