CELEX: 62006TO0384
Language: en
Date: 2007-03-28 00:00:00
Title: Order of the President of the Court of First Instance of 28 March 2007.#IBP Ltd and International Building Products France SA v Commission of the European Communities.#Interim measures - Application for suspension of operation - Competition - Payment of a fine - Bank guarantee - Lack of urgency.#Case T-384/06 R.

Order of the President of the Court of First Instance of 28 March 2007 – IBP and International Building Products France v
            Commission
      (Case T‑384/06 R)
      Applications for interim measures – Application for suspension of operation of a measure – Competition – Payment of a fine – Bank guarantee – Lack of urgency
      1.                     Applications for interim measures – Conditions of admissibility – Direct connection between the action in the main proceedings
            and the appreciation for interim measures – Summary statement of pleas (Rules of Procedure of the Court of First Instance,
            Arts 44(1) and 104(2)) (see para. 33-37)
      2.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank
            guarantee as a condition for not proceeding with immediate recovery of a fine – Conditions for granting – Exceptional circumstances
            (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 53-58, 61, 64, 66-68, 76-77)
      3.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank
            guarantee as a condition for not proceeding with immediate recovery of a fine – Whether the undertaking’s group situation
            to be taken into account (Art. 242 EC) (see paras 83-84, 86-87, 89, 91, 93, 95)
      Re: 
      
         APPLICATION for suspension of the operation of Article 2(c) and (d) of the Commission Decision of 20 September 2006 relating
                  to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 – Fittings) and, in particular,
                  for dispensation from the obligation to provide a bank guarantee imposed by the Commission’s letter of 4 October 2006 notifying
                  the applicants of the decision.
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  The application for interim measures is dismissed.
               
            
         
                   
               
               
                  
               
               
                  Costs are reserved.