CELEX: 62009CO0113
Language: en
Date: 2010-04-30 00:00:00
Title: Order of the President of the Court of 30 April 2010.#Ziegler SA v European Commission.#Appeal - Application for interim measures - Competition - Payment of a fine - Bank guarantee - Rejection of application for suspension of operation of a measure - Incorrect assessment of the conditions of urgency - Principles of equal treatment and of observance of the right to a fair hearing.#Case C-113/09 P(R).

Order of the President of the Court of Justice of 30 April 2010 – Ziegler v Commission
      (Case C‑113/09 P(R))
      Appeal – Application for interim measures – Competition – Payment of a fine – Bank guarantee – Rejection of application for suspension of operation of a measure – Incorrect assessment of the conditions of urgency – Principles of equal treatment and of observance of the right to a fair hearing
      1.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas
            establishing a prima facie case for the interim measures applied for (Arts 242 EC and 243 EC; Rules of Procedure of the General
            Court, Art. 104(2)) (see paras 13-17)
      2.                     Applications for interim measures – Procedure – Whether appropriate to hear the parties – Whether appropriate to admit further
            observations and documents after the end of the written or oral procedure – Discretion of the judge hearing the application
            for interim measures (Arts 242 EC and 243 EC; Statute of the Court of Justice, Art. 39, first para., and Art. 53, first para.;
            Rules of Procedure of the General Court, Art. 105) (see paras 29-30, 34)
      3.                     Applications for interim measures – Formal requirements – Submission of applications (Arts 242 EC and 243 EC; Practice Directions
            to parties before the General Court, point 71) (see para. 33)
      4.                     Applications for interim measures – Suspension of operation of a measure – Suspension of operation of the obligation to provide
            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 (Art. 242 EC; Rules of Procedure of the General Court, Art. 104(2))
            (see paras 43-48)
      Re: 
      
         Appeal against the order of the President of the Court of First Instance of 15 January 2009 in Case T‑199/08 R 
               Ziegler
                v 
               Commission
               , rejecting for want of urgency the appellant’s application to be released from the obligation to provide a bank guarantee
                  as a condition for not proceeding to immediate recovery of the fine imposed by Commission Decision C(2008) 926 final of 11
                  March 2008 on a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement  concerning international removal services
                  – Incorrect assessment of the conditions of urgency – Whether the appellant is likely to be caused serious, irreparable damage
                  – Whether or not necessary to take into account the financial resources possessed by the group to which that party belongs
                  – Breach of the obligation to state reasons and of the principles of equal treatment and of equality of arms.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Ziegler SA to pay the costs.