Order of the President of the General Court of 7 December 2010 – ArcelorMittal Wire France and Others v Commission
(Case T-385/10 R)
Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of 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 – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with 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 12-14)
2. 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 – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the applicant company belongs – Unilateral refusal of assistance on the part of the group – Effect (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 35-37, 39-40, 49-50, 52-56)
Re:
| APPLICATION for suspension of 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), as amended by Commission Decision C(2010) 6676 final of 30 September 2010. |
Operative part
1. | | The application for interim measures is dismissed. |