Order of the President of the General Court of 12 May 2010 – Reagens v Commission
(Case T-30/10 R)
Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation of the decision – Financial loss – Absence of 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 – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 11-12)
2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss –Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the applicant company belongs (Arts 278 TFEU and 279 TFEU) (see paras 31-33, 45-47)
3. Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances (Art. 278 TFEU) (see paras 42-44, 55-59)
Re:
APPLICATION for suspension of operation of the Commission decision of 11 November 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (COMP/38.589 – heat stabilisers).
Operative part
1.
The application for interim measures is dismissed.
2.
Costs are reserved.
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