62009CO0113_EN
Subject of the case
Operative part
Subject of the case
Re:
Appeal against the order of the President of the Court of First Instance of 15 January 2009 in Case T‑199/08 R Ziegler
v Commission, rejecting for want of urgency the appellant’s application to be released from the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of the fine imposed by Commission Decision C(2008) 926 final of 11 March 2008 on a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement
concerning international removal services – Incorrect assessment of the conditions of urgency – Whether the appellant is likely to be caused serious, irreparable damage – Whether or not necessary to take into account the financial resources possessed by the group to which that party belongs – Breach of the obligation to state reasons and of the principles of equal treatment and of equality of arms.
Operative part
Operative part
The Court:
1. Dismisses the appeal;
2. Orders Ziegler SA to pay the costs.