CELEX: 62010TO0422
Language: en
Date: 2011-07-12 00:00:00
Title: Order of the President of the General Court of 12 July 2011. # Emme Holding SpA v European Commission. # Interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application to suspend the operation of a measure - Financial loss - No exceptional circumstances - No urgency. # Case T-422/10 R.

Order of the President of the General Court of 12 July 2011 – Emme v Commission
      (Case T-422/10 R)
      Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application to suspend the operation of a measure – Financial loss – No exceptional circumstances – No urgency
      1.                     Applications 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 court hearing the application for interim relief (Arts 256(1)
            TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 11-13)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Burden of proof – Financial loss – Risk of insolvency (Art. 278 TFEU; Rules of Procedure of the General Court, Art.
            104(2)) (see paras 16-18)
      3.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank
            guarantee as a condition for not requiring immediate recovery of a fine imposed for breach of the competition rules – Conditions
            for granting – Exceptional circumstances – Whether account to be taken of the situation of the group to which the undertaking
            belongs and of its shareholders (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 22-37)
      Re:
      
         
               APPLICATION to suspend the operation of Article 2 of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a
                  proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Prestressing steel) and to dispense
                  the applicant from the obligation to provide a bank guarantee so as to avoid immediate recovery of the fine imposed under
                  Article 2 of that decision.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                   
               
               
                  
               
               
                  	2.Costs are reserved.