CELEX: C2004/094/120
Language: en
Date: 2004-04-17 00:00:00
Title: Order of the President of the Court of First Instance of 21 January 2004 in Case T-217/03 R Fédération nationale de la coopération bétail et viande (FNCBV) v Commission of the European Communities

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/42
            
         
      ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE
   
   of 21 January 2004
   in Case T-217/03 R Fédération nationale de la coopération bétail et viande (FNCBV) v Commission of the European Communities
   (Interim proceedings - Competition - Payment of a fine - Bank guarantee - Prima facie case - Urgency - Balance of interests - Partial and conditional suspension)
   (2004/C 94/120)
   Language of the case: French
   In Case T-217/03 R: Fédération nationale de la coopération bétail et viande (FNCBV), established in Paris (France), represented by R. Collin and M. Ponsard, lawyers, with an address for service in Luxembourg, supported by the French Republic (agents: G. de Bergues and F. Million), against Commission of the European Communities (agents: P. Oliver and O. Beynet) — application for dispensation from the obligation to provide a bank guarantee in order to avoid enforcement of the fine of EUR 480 000 imposed by Commission Decision 2003/600/EC of 2 April 2003 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/F3 — French beef) (OJ 2003 L 209, p. 12) — the President of the Court of First Instance, made an order on 21 January 2004, the operative part of which is as follows:
   
               1)
            
            
               For a period of two months from the date of notification of this order, the obligation on the applicant to provide a bank guarantee for the Commission in order to avoid immediate recovery of the fine imposed on it by Article 3 of Commission Decision 2003/600/EC of 2 April 2003 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/F3 — French beef) is suspended, provided that, within a period of four weeks from the same date, the applicant pays to the Commission the sum of EUR 140 000 and provides a bank guarantee of EUR 60 000 or, alternatively, provides a bank guarantee of EUR 200 000;
            
         
               2)
            
            
               The costs are reserved.