CELEX: 62011TO0296
Language: en
Date: 2011-07-29 00:00:00
Title: Order of the President of the General Court of 29 July 2011. # Cementos Portland Valderrivas, SA 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-296/11 R.

Order of the President of the General Court of 29 July 2011 – Cementos Portland Valderrivas v Commission
      (Case T-296/11 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 – Order of examination and method of verification
            – Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the
            General Court, Art. 104(2)) (see paras 15-16)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Burden of proof – Financial loss (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
            Art. 104(2)) (see para. 23)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Loss
            capable of subsequent remedy by means of an action for compensation – Not irreparable in character (Art. 278 TFEU; Rules of
            Procedure of the General Court, Art. 104(2)) (see paras 26-27)
      4.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas
            in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of
            the General Court, Art. 104(2) and (3)) (see para. 31)
      Re:
      
         
               APPLICATION for a stay of execution of Commission Decision C(2011) 2368 final of 30 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.