Order of the President of the General Court of 29 July 2011 – HeidelbergCement v Commission
(Case T-302/11 R)
Interim relief – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for stay of execution – Lack of 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 11-12)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Realisation of the damage depending on future and uncertain events – Lack of urgency (Art. 278 TFEU) (see paras 16-17)
3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Loss capable of full remedy in an action for compensation – Not irreparable in character – Uncertainty as to reparation of the damage in context of such an action – No effect (Art. 278 TFEU) (see paras 20-22)
4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Damage arising from a request for information of the Commission based on Article 18(4) of Regulation No 1/2003 concerning sensitive data of the undertaking – None (Arts 101 TFEU, 102 TFEU and 278 TFEU; Council Regulation No 1/2003, Art. 18(4)) (see paras 24-28)
5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Request for information of the Commission based on Article 18(4) of Regulation No 1/2003 – Possibility of the Commission imposing penalty payments and fines in case of non-compliance with the deadline for sending the information – Realisation of the damage hypothetical in nature (Art. 278 TFEU; Council Regulation No 1/2003, Arts 18(4) and 23(1)(b)) (see paras 30-31)
Re:
| APPLICATION for a stay of execution of Commission Decision C(2011) 2361 final of 30 March 2011 concerning a proceeding pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 – Cement and related products). |
Operative part
1. | | 1. The application for interim relief is rejected. |