Order of the President of the General Court of 23 January 2012 – Henkel and Henkel France v Commission
(Case T-607/11 R)
Application for interim measures – Competition – Commission decision refusing to transmit documents to a national competition authority – Application for interim measures – No interest in bringing proceedings – Disregard of formal requirements – Measures requested not provisional in character – Inadmissibility
1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-15)
2. Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Interest of the applicant in obtaining the suspension – Claim for suspension of a Commission decision refusing to send documents to a national competition authority – Suspension not capable of changing the applicant’s position – Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 21)
3. Applications for interim measures – Interim measures – Conditions for granting – Conditions for admissibility – Measures not to prejudge the decision on the substance of the case – Claim for access to documents the subject-matter of a refusal decision challenged by an action for annulment – Requirement not met – Inadmissibility of the application for interim measures (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24)
Re:
| APPLICATION for interim measures in relation to the Commission’s decision of 30 September 2011 (Case COMP/39.579 – Consumer detergents – and Case 09/0007 F) dismissing the request of the French competition authority that the Commission transfer to it, in the context of Case 09/0007 F concerning the French detergents sector, a number of documents produced in Case COMP/39.579. |
Operative part
1. | | The application for interim measures is dismissed. |