CELEX: 62011TO0302
Language: en
Date: 2011-07-29 00:00:00
Title: Order of the President of the General Court of 29 July 2011. # HeidelbergCement AG v European Commission. # Interim relief - Competition - Request for information - Article 18(3) of Regulation (EC) No 1/2003 - Application for stay of execution - Lack of urgency. # Case T-302/11 R.

Order of the President of the General Court of 29 July 2011 – HeidelbergCement v Commission
      (Case T-302/11 R)
      Interim relief – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for stay of execution – 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 – 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 11-12)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Burden of proof – Realisation of the damage depending on future and uncertain events – Lack of urgency
            (Art. 278 TFEU) (see paras 16-17)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Financial loss – Loss capable of full remedy in an action for compensation – Not irreparable in character – Uncertainty
            as to reparation of the damage in context of such an action – No effect (Art. 278 TFEU) (see paras 20-22)
      4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Damage arising from a request for information of the Commission based on Article 18(4) of Regulation No 1/2003 concerning
            sensitive data of the undertaking – None (Arts 101 TFEU, 102 TFEU and 278 TFEU; Council Regulation No 1/2003, Art. 18(4))
            (see paras 24-28)
      5.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Request for information of the Commission based on Article 18(4) of Regulation No 1/2003 – Possibility of the Commission
            imposing penalty payments and fines in case of non-compliance with the deadline for sending the information – Realisation
            of the damage hypothetical in nature (Art. 278 TFEU; Council Regulation No 1/2003, Arts 18(4) and 23(1)(b)) (see paras 30-31)
      Re:
      
         
               APPLICATION for a stay of execution of Commission Decision C(2011) 2361 final of 30 March 2011 concerning a proceeding pursuant
                  to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 – Cement and related products).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim relief is rejected.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.