CELEX: 62010TO0414
Language: en
Date: 2011-06-10 00:00:00
Title: Order of the President of the General Court of 10 June 2011. # Companhia Previdente - Sociedade de Controle de Participações Financeiras, SA v European Commission. # Interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application to suspend the operation of a measure - Financial loss - No exceptional circumstances - No urgency. # Case T-414/10 R.

Order of the President of the General Court of 10 June 2011 – Companhia Previdente v Commission
      (Case T-414/10 R)
      Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application to suspend the operation of a measure – Financial loss – No exceptional circumstances – No urgency
      1.                     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 imposed for breach of the competition rules –
            Conditions for granting – Exceptional circumstances – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court,
            Art. 104(2)) (see paras 21-23, 25-30, 43)
      2.                     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 imposed for breach of the competition rules –
            Conditions for granting – Exceptional circumstances – Taking account of the situation of the group to which the undertaking
            belongs and of its shareholders – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see
            paras 35-37, 41-42)
      3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Account to be taken of a lack of diligence on the part of the applicant (Arts 278 TFEU and 279 TFEU; Rules of Procedure
            of the General Court; Art. 104(2)) (see para. 52)
      Re:
      
         
               APPLICATION to suspend the operation 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 – Pre-stressing steel) and to dispense the applicant
                  from the obligation to establish a bank guarantee so as to avoid immediate recovery of the fine imposed under Article 2 of
                  that decision.
               
            Operative part
      
         
                   
               
               
                  
               
               
                  	1.The application for interim measures is dismissed.
               
            
         
                   
               
               
                  
               
               
                  	2.Costs are reserved.