CELEX: 62009TO0352
Language: en
Date: 2009-10-29 00:00:00
Title: Order of the President of the Court of First Instance of 29 October 2009. # Novácke chemické závody, a.s. v Commission of the European Communities. # Interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of enforcement of a measure - Lack of urgency. # Case T-352/09 R.

Order of the President of the Court of First Instance of 29 October 2009 – Novácke chemické závody v Commission
      (Case T-352/09 R)
      Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of enforcement of a measure – Lack of urgency
      1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – 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 225(1) EC, 242 EC and 243 EC; Rules of Procedure
            of the Court of First Instance, Art. 104(2)) (see paras 12-15)
      2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Situation which could jeopardise the existence of the applicant company – Damage having
            already arisen at the time of the adoption of the decision by the court hearing the application for interim measures – Lack
            of urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 38-44)
      3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Applicant company losing an opportunity for redress – Purely hypothetical damage depending
            on the occurrence of future and uncertain events – Lack of urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court
            of First Instance, Art. 104(2)) (see paras 49-51)
      4.                     Application for interim measures – Interim measures – Exemption from the obligation to constitute a bank guarantee as a condition
            for fine not being recovered immediately – Conditions for granting – Exceptional circumstances – Assessment having regard
            to the situation of the group to which the applicant company belongs – Burden of proof (Art. 243 EC; Rules of Procedure of
            the Court of First Instance, Art. 104(2)) (see paras 52-59)
      Re: 
      
         
               APPLICATION for suspension of enforcement of the Commission decision of 22 July 2009 relating to a proceeding under Article
                  81 EC and Article 53 of the EEA Agreement (Case COMP/39.396 – Calcium carbide and magnesium-based reagents for the steel and
                  gas industries), in so far as it concerns the applicant.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.