CELEX: 62010TO0030
Language: en
Date: 2010-05-12 00:00:00
Title: Order of the President of the General Court of 12 May 2010. # Reagens SpA v European Commission. # Application for interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of operation of the decision - Financial loss - Absence of exceptional circumstances - No urgency. # Case T-30/10 R.

Order of the President of the General Court of 12 May 2010 – Reagens v Commission
      (Case T-30/10 R)
      Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation of the decision – Financial loss – Absence of exceptional circumstances – No urgency
      1.                     Application 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 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 11-12)
      2.                     Application 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 – Assessment having regard to the situation of the group to which the applicant company belongs (Arts 278 TFEU and
            279 TFEU) (see paras 31-33, 45-47)
      3.                     Application 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
            (Art. 278 TFEU) (see paras 42-44, 55-59)
      Re:
      
         
               APPLICATION for suspension of operation of the Commission decision of 11 November 2009 relating to a proceeding under Article
                  81 [EC] and Article 53 of the EEA Agreement (COMP/38.589 – heat stabilisers).
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.