CELEX: 62010TO0413
Language: en
Date: 2011-04-13 00:00:00
Title: Order of the President of the General Court of 13 April 2011. # Socitrel - Sociedade Industrial de Trefilaria, SA v European Commission. # Application for interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of operation - Pecuniary damage - No exceptional circumstances - No urgency. # Case T-413/10 R.

Order of the President of the General Court of 13 April 2011 – Socitrel v Commission
      (Case T-413/10 R)
      Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation – Pecuniary damage – No exceptional circumstances – 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 – Discretion
            of the judge dealing with the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General
            Court, Art. 104(2)) (see paras 10-11)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the
            applicant company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 14-16, 18)
      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 – Exceptional circumstances –
            Burden of proof (Art. 278 TFEU) (see paras 21-22, 25-27, 29)
      4.                     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 –
            Serious and irreparable damage – Taking into consideration the financial situation of the group to which the undertaking belongs
            (Art. 278 TFEU) (see paras 36-37)
      5.                     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 –
            Risk of jeopardising the existence of the applicant company – Burden of proof (Art. 278 TFEU) (see paras 44-46)
      6.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Account to be taken of a lack of diligence on the part of the applicant (Arts 278 TFEU and 279 TFEU; Rules of Procedure
            of the General Court, Art. 104(2)) (see para. 53)
      Re:
      
         
               APPLICATION for suspension of the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a procedure
                  pursuant to Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Prestressed steel) and for waiver of
                  the obligation to establish a bank guarantee in order to prevent the immediate recovery of the fine imposed under Article
                  2 of that decision.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	The costs are reserved.