CELEX: 62010TO0398
Language: en
Date: 2011-07-15 00:00:00
Title: Order of the President of the General Court of 15 July 2011. # Fapricela - Indústria de Trefilaria, SA v European Commission. # Application for interim measures - Competition - Decision of the Commission imposing a fine - Bank guarantee - Application to suspend operation - Financial damage - Lack of exceptional circumstances - Lack of urgency. # Case T-398/10 R.

Order of the President of the General Court of 15 July 2011 – Fapricela v Commission
      (Case T-398/10 R)
      Application for interim measures – Competition – Decision of the Commission imposing a fine – Bank guarantee – Application to suspend operation – Financial damage – Lack of exceptional circumstances – Lack of urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – 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 15-17)
      2.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank
            guarantee as a condition for not proceeding to immediate recovery of a fine for breach of the competition rules – Conditions
            for granting – Exceptional circumstances – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2))
            (see paras 22-24)
      3.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank
            guarantee as a condition for not requiring immediate recovery of a fine – Conditions for granting – Exceptional circumstances
            – Burden of proof – Refusal of banks to provide such a bank guarantee – Admissibility as evidence of an objective impossibility
            of obtaining such a financial instrument – Duty to provide concrete and precise indications supported by detailed and certified
            documentary evidence (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 26-28)
      4.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank
            guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances
            – Taking into account of the position of the group to which the undertaking belongs and of its shareholders – Burden of proof
            (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 31-32, 34-35)
      5.                     Applications 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. 43)
      Re: 
      
         
               APPLICATION to suspend the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under
                  Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Pre-stressing steel), inter alia in so far as it
                  imposes the obligation to set up a bank guarantee in order to avoid immediate recovery of the fine imposed under Article 2
                  of that decision.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.