Order of the President of the General Court of 12 July 2011 – Emme v Commission
(Case T-422/10 R)
Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application to suspend the operation of a measure – Financial loss – No exceptional circumstances – No urgency
1. Applications 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 – Order of examination and method of verification – Discretion 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. 104(2)) (see paras 11-13)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Risk of insolvency (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16-18)
3. Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank guarantee as a condition for not requiring immediate recovery of a fine imposed for breach of the competition rules – Conditions for granting – Exceptional circumstances – Whether account to be taken of the situation of the group to which the undertaking belongs and of its shareholders (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 22-37)
Re:
| APPLICATION to suspend the operation of Article 2 of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Prestressing steel) and to dispense the applicant from the obligation to provide a bank guarantee so as to avoid immediate recovery of the fine imposed under Article 2 of that decision. |
Operative part
1. | | 1. The application for interim measures is dismissed. |