CELEX: 62010TO0370
Language: en
Date: 2011-01-24 00:00:00
Title: Order of the President of the General Court of 24 January 2011. # Rubinetterie Teorema SpA v European Commission. # Application for interim measures - Competition - Decision of the Commission to impose a fine - Bank guarantee - Application for suspension of application - Financial harm - Lack of exceptional circumstances - Lack of urgency. # Case T-370/10 R.

Order of the President of the General Court of 24 January 2011 – Rubinetterie Teorema v Commission
      (Case T-370/10 R)
      Application for interim measures – Competition – Decision of the Commission to impose a fine – Bank guarantee – Application for suspension of application – Financial harm – Lack of exceptional circumstances – Lack of 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 – Weighing-up of the interests – Discretion of the
            judge dealing with 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 10-12)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company
            – Assessment having regard to the situation of the group to which the applicant company belongs (Art. 278 TFEU; Rules of Procedure
            of the General Court, Art. 104(2)) (see paras 28-33, 36-38)
      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 proceeding to immediate recovery of a fine imposed for breach of the competition rules –
            Conditions for granting – Exceptional circumstances – Taking into account the situation of the group to which the undertaking
            belongs and of its shareholders – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see
            paras 41-43)
      Re:
      
         
               APPLICATION for suspension of application of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding
                  pursuant to Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39092 – Bathroom fittings and fixtures).
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.