Order — ECLI:EU:T:2003:218
Date: 2003-08-05
Language of the case: Italian
Court formation: President of the Chamber
Based on: Treaty establishing the European Coal and Steel Community (1951)
Subject matter: ECSC matters;Agreements and concentrations
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Application for interim measures - unfounded
Origin: Italy

Summary of the Order 
Applications for interim measures — Suspension of operation of a measure — Suspen­
sion 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) 
II - 3027 
SUMMARY — CASE T-79/03 R 
An application for an exemption from the 
obligation to provide a bank guarantee as a 
condition for the fine not being recovered 
immediately will only be granted in excep­
tional circumstances. The possibility of 
requiring the provision of a financial guar­
antee is expressly provided for with regard 
to applications for interim relief by the 
Rules of Procedure of the Court of Justice 
and of the Court of First Instance and is a 
general and reasonable way for the Com­
mission to act. 
The existence of such exceptional circum­
stances may, in principle, be regarded as 
established where the party seeking exemp­
tion from providing the requisite bank 
guarantee adduces evidence that it is objec­
tively impossible for it to provide such 
guarantee or where such provision would 
imperil its existence. 
(see paras 25-26) 
II - 3028