Order of the President of the General Court of 23 January 2012 — Henkel and Henkel France v Commission

(Case T-607/11 R)

‛Application for interim measures — Competition — Commission decision refusing to transmit documents to a national competition authority — Application for interim measures — No interest in bringing proceedings — Disregard of formal requirements — Measures requested not provisional in character — Inadmissibility’

1. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Order of examination and method of verification — Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-15)

2. Applications for interim measures — Suspension of operation of a measure — Conditions for admissibility — Interest of the applicant in obtaining the suspension — Claim for suspension of a Commission decision refusing to send documents to a national competition authority — Suspension not capable of changing the applicant’s position — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 21)

3. Applications for interim measures — Interim measures — Conditions for granting — Conditions for admissibility — Measures not to prejudge the decision on the substance of the case — Claim for access to documents the subject-matter of a refusal decision challenged by an action for annulment — Requirement not met — Inadmissibility of the application for interim measures (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23, 24)

Re:

APPLICATION for interim measures in relation to the Commission’s decision of 30 September 2011 (Case COMP/39.579 — Consumer detergents — and Case 09/0007 F) dismissing the request of the French competition authority that the Commission transfer to it, in the context of Case 09/0007 F concerning the French detergents sector, a number of documents produced in Case COMP/39.579.

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the General Court of 23 January 2012 — Henkel and Henkel France v Commission

(Case T-607/11 R)

‛Application for interim measures — Competition — Commission decision refusing to transmit documents to a national competition authority — Application for interim measures — No interest in bringing proceedings — Disregard of formal requirements — Measures requested not provisional in character — Inadmissibility’

1. Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Order of examination and method of verification — Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-15)

2. Applications for interim measures — Suspension of operation of a measure — Conditions for admissibility — Interest of the applicant in obtaining the suspension — Claim for suspension of a Commission decision refusing to send documents to a national competition authority — Suspension not capable of changing the applicant’s position — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 21)

3. Applications for interim measures — Interim measures — Conditions for granting — Conditions for admissibility — Measures not to prejudge the decision on the substance of the case — Claim for access to documents the subject-matter of a refusal decision challenged by an action for annulment — Requirement not met — Inadmissibility of the application for interim measures (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23, 24)

Re:

APPLICATION for interim measures in relation to the Commission’s decision of 30 September 2011 (Case COMP/39.579 — Consumer detergents — and Case 09/0007 F) dismissing the request of the French competition authority that the Commission transfer to it, in the context of Case 09/0007 F concerning the French detergents sector, a number of documents produced in Case COMP/39.579.

Operative part

1. The application for interim measures is dismissed.