CELEX: 62007TO0012
Language: en
Date: 2007-05-03 00:00:00
Title: Order of the President of the Court of First Instance of 3 May 2007. # Polimeri Europa SpA v Commission of the European Communities. # Application for interim measures - Competition - Application for further interim measures - Order addressed to third parties - Inadmissibility. # Case T-12/07 R.

Order of the President of the Court of First Instance of 3 May 2007 – Polimeri Europa v Commission
      (Case T-12/07 R)
      Application for interim measures – Competition – Application for further interim measures – Order addressed to third parties – Inadmissibility
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 225(1) EC, 242 EC and 243 EC; Rules
            of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-35)
      2.                     Applications for interim measures – Interim measures – Application that the Commission be ordered to adopt in relation to
            a third party, not party to the proceedings, measures outside its competence – Inadmissibility (Art. 243 EC; Council Regulation
            No 1/2003, Arts 8, 9 and 23(2)(b) and (c); Commission Regulation No 773/2004, Art. 8) (see paras 50-54)
      3.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Rules of Procedure of
            the Court of First Instance, Arts 44(1)(d) and 104(3)) (see paras 56-58)
      4.                     Applications for interim measures – Interim measures – Conditions for granting – Interest of the applicant in obtaining the
            measure sought (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 59)
      Re: 
      
         APPLICATION for interim measures requesting, first, an order requiring the Commission to prohibit Manufacture Française des
                  Pneumatiques Michelin, on pain of a penalty, from using in any way or for any purpose whatsoever the information contained
                  in the non-confidential version of the statement of objections of 6 April 2006 adopted in proceedings under Article 81 EC
                  and Article 53 of the EEA Agreement (Case COMP/F/38.638 – Butadiene Rubber (BR) and Emulsion Styrene Butadiene Rubber (ESBR))
                  which was forwarded to that company as a result of the Commission’s decision COMP/F2/D (2006) 1095 of 6 November 2006 and,
                  secondly, an order that the Commission forward to Manufacture Française des Pneumatiques Michelin a copy of the order to be
                  given and, lastly, such other or further measures as the President of the Court may deem necessary.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the application for interim measures;
               
            
         
                   
               
               
                  
               
               
                  Reserves the costs.