Case T-11/06 R: Order of the President of the Court of First Instance of 7 July 2006 — Romana Tabacchi v Commission (Application for interim measures — Application for suspension of operation — Competition — Payment of a fine — Bank guarantee — Prima facie cases — Urgency — Weighing up of interests — Partial and conditional suspension)
Date: 2006-09-16
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, tobacco industry, unlawful agreement

C 224/46

EN

Official Journal of the European Union

16.9.2006

Order of the President of the Court of First Instance of 26
June 2006 — Olympiakes Aerogrammes v Commission

Re:

(Case T-416/05 R)

(Interim measures — Application for a suspension of opera-
tion — State aid — Urgency)

(2006/C 224/98)

Language of the case: Greek

Parties

Applicant: Olympiakes Aerogrammes AE (Kallithea, Greece)
(represented by: V. Christianos, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and T. Scharf, acting as Agents)

Re:

Application for a suspension of operation of Article 2,
combined with Article 1(1) of Commission Decision C 11/2004
on State aid (ex NN 4/2003) — Olympiaki Aeroporia —
Restructuring and privatisation, of 14 September 2005

Operative part of the order

1. The application for interim measures is dismissed;

2. Costs are reserved.

Application for suspension of the operation of the Commission
Decision of 20 October 2005 relating to a proceeding under
Article 81(1) EC (Case COMP/C.38.281/B.2 — Raw tobacco —
Italy) in so far as it imposes a fine of EUR 2,05 million on the
applicant, together with an application for an exemption from
the obligation to provide a bank guarantee as a condition for
that fine not being recovered immediately.

Operative part of the order

(1) The obligation on Romana Tabacchi SpA to provide to the
Commission a bank guarantee in order
to avoid immediate
recovery of the fine imposed on it by Article 2 of the Commission
Decision of 20 October 2005 relating to a proceeding under
Article 81(1) of the EC Treaty (Case COMP/C.38.281/B.2 —
Raw tobacco — Italy) is suspended on the following terms:

(a) within a period of two weeks of notification of this order, the

applicant shall:

— provide a bank guarantee of EUR 400 000;

— pay to the Commission the sum of EUR 200 000;

(b) within a period of three months of notification of this order,
the applicant shall pay to the Commission the sum of
EUR 330 000;

(c) with effect from 1 January 2007, the applicant shall pay to
the Commission the sum of EUR 100 000 per month until
the first of the following two events occurs:

— payment of

the balance of

the fine remaining due,
together with the interest set out by the Commission in
its letter of notification of the decision to impose the fine,
dated 9 November 2005;

Order of the President of the Court of First Instance of 7
July 2006 — Romana Tabacchi v Commission

(2) The costs are reserved.

— judgment in the main proceedings.

(Case T-11/06 R)

(Application for interim measures — Application for suspen-
sion of operation — Competition — Payment of a fine —
Bank guarantee — Prima facie
cases — Urgency —
Weighing up of interests — Partial and conditional suspen-
sion)

(2006/C 224/99)

Language of the case: Italian

Parties

Applicant: Romana Tabacchi (Rome, Italy) (represented by: M.
Siragusa and G.C. Rizza, lawyers)

Action brought on 28 June 2006 — Bavaria v Council

(Case T-178/06)

(2006/C 224/100)

Language of the case: Dutch

Parties

Applicant: Bavaria N.V. (represented by: G. van der Wal, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: E. Grippini Fournier and F. Amato, agents)

Defendant: Council of the European Union