Order — ECLI:EU:T:2009:422
Date: 2009-10-29
Language of the case: English
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Application for interim measures
Origin: Slovakia

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. 2. Costs are reserved.