CELEX: 62009TO0410
Language: en
Date: 2010-05-07 00:00:00
Title: Order of the President of the General Court of 7 May 2010. # Almamet GmbH Handel mit Spänen und Pulvern aus Metall v European Commission. # Interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of operation of a measure - Financial loss - No exceptional circumstances - No urgency. # Case T-410/09 R.

Order of the President of the General Court of 7 May 2010 – Almamet v Commission
      (Case T-410/09 R)
      Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation of a measure – Financial loss – No exceptional circumstances – No urgency
      1.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company (Art.
            278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 30-32)
      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 proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances (Art.
            278 TFEU) (see paras 34-36)
      3.                     Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee
            as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Serious and irreparable damage
            – Situation of the group to which the undertaking belongs to be taken into account (Art. 278 TFEU) (see paras 47-48)
      4.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas
            in law establishing a prima facie case for granting the measures sought – Lodging of an additional pleading to remedy deficiencies
            – Incompatibility with the procedure for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
            Arts 104(2) and 109) (see para. 55)
      Re:
      
         
               APPLICATION for suspension of the operation of the Commission Decision of 22 July 2009 relating to a proceeding under Article
                  81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/39.396 – Calcium carbide and magnesium based reagents for the steel
                  and gas industries).
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.