Order of the President of the General Court of 13 April 2011 – Socitrel v Commission

(Case T-413/10 R)

Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation – Pecuniary damage – No exceptional circumstances – No urgency

1.                     Application 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 – Discretion of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 10-11)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14-16, 18)

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 – Exceptional circumstances – Burden of proof (Art. 278 TFEU) (see paras 21-22, 25-27, 29)

4.                     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 – Serious and irreparable damage – Taking into consideration the financial situation of the group to which the undertaking belongs (Art. 278 TFEU) (see paras 36-37)

5.                     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 – Risk of jeopardising the existence of the applicant company – Burden of proof (Art. 278 TFEU) (see paras 44-46)

6.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 53)

Re:

APPLICATION for suspension of the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a procedure pursuant to Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Prestressed steel) and for waiver of the obligation to establish a bank guarantee in order to prevent the immediate recovery of the fine imposed under Article 2 of that decision.

Operative part

1. The application for interim measures is dismissed.

2. The costs are reserved.