CELEX: 62008TO0550
Language: en
Date: 2009-06-30 00:00:00
Title: Order of the President of the Court of First Instance of 30 June 2009. # Tudapetrol Mineralölerzeugnisse Nils Hansen KG v Commission of the European Communities. # Application for interim measures - Commission decision imposing a fine - Application for suspension of operation of the measure and interim relief (repayment of the fine already paid and waiver of a bank guarantee) - No prima facie case and no urgency. # Case T-550/08 R.

Order of the President of the of the Court of First Instance of 30 June 2009 – Tudapetrol Mineralölerzeugnisse Nils Hansen
            v Commission
      (Case T-550/08 R)
      Application for interim measures – Commission decision imposing a fine – Application for suspension of operation of the measure and interim relief (repayment of the fine already paid and waiver
         of a bank guarantee) – No prima facie case and 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 – Balancing of all the interests involved – Order
            of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts
            225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)
      2.                     Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee
            as a condition for not requiring immediate payment of a fine – Conditions for granting – Serious and irreparable damage (Art.
            242 EC) (see paras 40-45)
      Re:
      
         
               APPLICATION for suspension of the operation of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding
                  under Article 81 of the EC Treaty and Article 53 of the EEA Agreement in Case COMP/39181 – Candle waxes, in so far as it imposes
                  a fine on the applicant, application to release the applicant from the obligation to provide a bank guarantee as a condition
                  for release from the obligation of payment, and other applications for interim measures.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.