Order of the President of the General Court of 29 November 2012 - Alstom v Commission

(Case T-164/12 R)

(Interim relief - Competition - Commission decision to transmit documents to a national court - Confidentiality - Right to effective judicial protection - Application for interim measures - Prima facie case - Urgency - Weighing up of interests)

Language of the case: English

Parties

Applicant: Alstom (Levallois-Perret, France) (represented by: J. Derenne, lawyer, N. Heaton, P. Chaplin and M. Farley, Solicitors)

Defendant: European Commission (represented by: A. Antoniadis, N. Khan and P. Van Nuffel, Agents)

Intervener in support of the defendant: National Grid Electricity Transmission plc (London, United Kingdom) (represented by: A. Magnus, C. Bryant and E. Coulson, Solicitors, J. Turner QC and D. Beard QC)

Re:

Application for suspension of operation of the Commission's decision of 26 January 2012 contained in letters No D/2012/006840 and No D/2012/006863 from the Director General of the Commission's Directorate-General for Competition, concerning the transmission of certain documents to the High Court of England and Wales for use in evidence in proceedings brought against the applicant, and an application for confidential treatment to be ordered in the present proceedings in respect of the professional secrets contained in the applicant's reply of 30 June 2006 to the statement of objections in Case COMP/F/38.899 - Gas insulated switchgear.

Operative part of the order

1.    Operation of the Commission's decision of 26 January 2012 is suspended in so far as that decision concerns the transmission to the High Court of England and Wales of the confidential version of Alstom's reply of 30 June 2006 to the statement of objections in Case COMP/F/38.899 - Gas insulated switchgear.

2.    The application for interim measures is dismissed as to the remainder.

3.    The costs are reserved.

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