Order of the President of the General Court of 7 May 2010 – Almamet v Commission
(Case T-410/09 R)
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. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 30-32)
2. Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances (Art. 278 TFEU) (see paras 34-36)
3. Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Serious and irreparable damage – Situation of the group to which the undertaking belongs to be taken into account (Art. 278 TFEU) (see paras 47-48)
4. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – Lodging of an additional pleading to remedy deficiencies – Incompatibility with the procedure for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 104(2) and 109) (see para. 55)
Re:
| APPLICATION for suspension of the operation of the Commission Decision of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/39.396 – Calcium carbide and magnesium based reagents for the steel and gas industries). |
Operative part
1. | | The application for interim measures is dismissed. |