CELEX: 62011TO0293
Language: en
Date: 2011-07-29 00:00:00
Title: Order of the President of the General Court of 29 July 2011. # Holcim AG and Holcim Ltd 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-293/11 R.

Order of the President of the General Court of 29 July 2011 – Holcim (Deutschland) and Holcim v Commission
      (Case T-293/11 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 12-13)
      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 19-20)
      3.                     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 21-23)
      4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Damage arising from possible unlawful use of data obtained in the context of a request for information of the Commission
            based on Article 18(4) of Regulation No 1/2003 – None (Arts 101 TFEU, 102 TFEU and 278 TFEU; Council Regulation No 1/2003,
            Art. 18(4)) (see paras 25-26)
      Re: 
      
         
               APPLICATION for a stay of execution of Commission Decision C(2011) 2363 final of 31 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 dismissed.
               
            
         
                   
               
               
                  
               
               
                  	2.Costs are reserved.