Order of the President of the General Court of 29 July 2011 – Cementos Portland Valderrivas v Commission
(Case T-296/11 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 – 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 15-16)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 23)
3. Applications 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 – Loss capable of subsequent remedy by means of an action for compensation – Not irreparable in character (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 26-27)
4. Applications 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 (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2) and (3)) (see para. 31)
Re:
| APPLICATION for a stay of execution of Commission Decision C(2011) 2368 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 dismissed. |