Order of the President of the Court of First Instance of 8 June 2009 – Z v Commission

(Case T-173/09 R)

Interim measures – Access by a third party concerned to a Commission decision imposing a fine but not yet published – Application for interim measures – No need to adjudicate – No urgency

1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 12-13)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Materialisation of the damage dependent on future and uncertain events (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 17-18, 24)

3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Main head of damage not materialising (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 27)

Re:

APPLICATION for access to the Commission’s decision of 28 January 2009 in a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/G/39.406 – Marine hoses) and deletion of the applicant’s name from the text of that decision.

Operative part

1. The application for interim measures is dismissed insofar as it has not already become devoid of purpose.

2. This order annuls and replaces the order of 6 May 2009.

3. The costs are reserved.