CELEX: 62011TO0292
Language: en
Date: 2011-07-29 00:00:00
Title: Order of the President of the General Court of 29 July 2011. # Cemex SAB de CV and Others v European Commission. # Interim measures - Competition - Request for information - Article 18(3) of Regulation (EC) No 1/2003 - Application for suspension of operation - Lack of urgency. # Case T-292/11 R.

Order of the President of the General Court of 29 July 2011 – Cemex and Others v Commission
      (Case T-292/11 R)
      Interim measures – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for suspension of operation – 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 16-17)
      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. 22)
      3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious
            and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden
            of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 29)
      4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable
            damage – Damage arising from a Commission decision rejecting a request not, on account of excessive workload, to communicate
            documents – Situation which could jeopardise the existence of the applicant company – None where damage of a purely hypothetical
            nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24, 31-33)
      5.                     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 being subsequently remedied 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 40-41)
      Re:
      
         
               APPLICATION for suspension of operation of Commission Decision C(2001) 2360 final of 30 March 2011 in proceedings 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 suspension of operation is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.