Order of the President of the General Court of 12 July 2017 —

Qualcomm and Qualcomm Europe v Commission

(Case T‑371/17 R)

(Interim proceedings — Competition — Antitrust — Regulation (EC) No 1/2003 — Article 18(3) — Decision requesting information — Application for interim measures — 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—Order of examination and method of verification—Discretion of the court hearing the application for interim relief—Balancing of all the interests involved (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 16-19)

2. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 22, 23)

3. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Serious and irreparable damage—Financial loss—Loss capable of being subsequently remedied by means of an action for compensation—Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU, 279 TFEU and 340 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 28)

4. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof—Financial loss—Situation liable to endanger the existence of the applicant company—Assessment having regard to the situation of the group to which the undertaking belongs (Arts 278 TFEU and 279 TFEU) (see para. 29)

5. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Serious and irreparable damage—Damage having already occurred—Reparation outside the purpose of the interim proceedings (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see para. 31)

6. Application for interim measures—Admissibility criteria—Application—Formal requirements—Pleas establishing a prima facie case for the measures applied for (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 40)

7. Application for interim measures—Suspension of operation of a measure—Interim measures—Conditions for granting—Urgency—Serious and irreparable damage—Burden of proof—Financial loss—Obligation to provide concrete and precise indications, supported by detailed documentary evidence—Situation liable to endanger the existence of the applicant company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see para. 41)

Re:

APPLICATION under Articles 278 and 279 TFEU for the grant of interim measures, seeking the suspension of operation of Commission Decision of 31 March 2017 relating to a proceeding pursuant to Article 18(3) and to Article 24(1)(d) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1) (Case AT.39711 — Qualcomm (predation)).

Operative part

1. The application for interim measures is dismissed.