Order — ECLI:EU:C:2000:717
Date: 2000-12-15
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Transport
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Appeal - unfounded
Origin: South Korea;Provisional data

Summary of the Order 
1. Applications for interim measures — Suspension of operation of a measure — 
Suspension of the obligation to provide a bank guarantee as a condition for non-
enforcement of the right to immediate payment of a fine — Conditions for granting — 
Exceptional circumstances 
(Art. 242 EC) 
I-11657 
SUMMARY — CASE C-361/00 P(R) 
2. Applications for interim measures — Interim measures •—· Jurisdiction of the judge 
hearing the application for interim relief — Limits — jurisdiction of the judge of the 
Court of First Instance hearing the application for interim relief to order measures 
designed to produce their effects until the date of delivery of a judgment of the Court of 
Justice — None 
(Art. 242 EC and Art. 243 EC) 
1. A request for dispensation from the 
obligation to set up a bank guarantee, 
where that guarantee is the condition 
imposed in return for staying enforce­
ment of a fine imposed by the Com­
mission for infringement of the compe­
tition rules, cannot be granted unless 
there are exceptional circumstances. In 
the context of applications for interim 
relief, express provision is made in the 
Rules of Procedure of both the Court of 
Justice and the Court of First Instance 
for requiring security to be lodged, 
which reflects a general and reasonable 
policy pursued by the Commission. 
(see para. 88) 
2. The judge of the Court of First Instance 
hearing the application for interim 
relief has no jurisdiction to order 
interim measures designed to produce 
their effects up to such time as the 
Court of Justice decides any appeal that 
might be brought against the final 
judgment of the Court of First Instance. 
It follows from the wording of Art­
icles 242 EC and 243 EC that suspen­
sion of operation of an act — like 
other interim measures •—• may be 
ordered by the Court of Justice or by 
the Court of First Instance only in the 
context of a case pending before it. 
Moreover, it is clear from the second 
paragraph of Article 53 of the Statute 
of the Court of Justice that, where an 
appeal is brought, it is for the Court of 
Justice to rule on any application by a 
party for suspension of operation of a 
measure or for the grant of other 
interim measures. 
(see paras 96-100) 
I-11658