Order of the President of the Court of First Instance of 29 October 2009 – Novácke chemické závody v Commission
(Case T-352/09 R)
Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of enforcement of a measure – Lack of urgency
1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 12-15)
2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Situation which could jeopardise the existence of the applicant company – Damage having already arisen at the time of the adoption of the decision by the court hearing the application for interim measures – Lack of urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 38-44)
3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Applicant company losing an opportunity for redress – Purely hypothetical damage depending on the occurrence of future and uncertain events – Lack of urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 49-51)
4. Application for interim measures – Interim measures – Exemption from the obligation to constitute a bank guarantee as a condition for fine not being recovered immediately – Conditions for granting – Exceptional circumstances – Assessment having regard to the situation of the group to which the applicant company belongs – Burden of proof (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 52-59)
Re:
| APPLICATION for suspension of enforcement 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/39.396 – Calcium carbide and magnesium-based reagents for the steel and gas industries), in so far as it concerns the applicant. |
Operative part
1. | | The application for interim measures is dismissed. |