CELEX: 62010TO0385
Language: en
Date: 2010-12-07 00:00:00
Title: Order of the President of the General Court of 7 December 2010. # ArcelorMittal Wire France and Others v European Commission. # Application for interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of operation of a measure - Financial loss - Absence of exceptional circumstances - No urgency. # Case T-385/10 R.

Order of the President of the General Court of 7 December 2010 – ArcelorMittal Wire France and Others v Commission
      (Case T-385/10 R)
      Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation of a measure – Financial loss – No exceptional circumstances – No urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion
            of the judge dealing with 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 12-14)
      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 requiring immediate recovery of a fine imposed for breach of the competition rules – Conditions
            for granting – Exceptional circumstances – Situation which could jeopardise the existence of the applicant company – Assessment
            having regard to the situation of the group to which the applicant company belongs – Unilateral refusal of assistance on the
            part of the group – Effect (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 35-37, 39-40,
            49-50, 52-56)
      Re:
      
         
               APPLICATION for suspension of operation of Article 2 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 – Prestressing steel), as amended
                  by Commission Decision C(2010) 6676 final of 30 September 2010.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.