CELEX: 62011TO0607
Language: en
Date: 2012-01-23 00:00:00
Title: Order of the President of the General Court of 23 January 2012.#Henkel AG & Co. KGaA and Henkel France v European Commission.#Application for interim measures – Competition – Commission decision refusing to transmit documents to a national competition authority – Application for interim measures – No interest in bringing proceedings – Disregard of formal requirements – Measures requested not provisional in character – Inadmissibility.#Case T-607/11 R.

Order of the President of the General Court of 23 January 2012 – Henkel and Henkel France v Commission
      (Case T-607/11 R)
      Application for interim measures – Competition – Commission decision refusing to transmit documents to a national competition authority – Application for interim measures – No interest in bringing proceedings – Disregard of formal requirements – Measures requested not provisional in character – Inadmissibility
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Serious and irreparable damage – 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 13-15)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for admissibility – Interest of the
            applicant in obtaining the suspension – Claim for suspension of a Commission decision refusing to send documents to a national
            competition authority – Suspension not capable of changing the applicant’s position – Not included (Art. 278 TFEU; Rules of
            Procedure of the General Court, Art. 104(2)) (see paras 19, 21) 
      3.                     Applications for interim measures – Interim measures – Conditions for granting – Conditions for admissibility – Measures not
            to prejudge the decision on the substance of the case – Claim for access to documents the subject-matter of a refusal decision
            challenged by an action for annulment – Requirement not met – Inadmissibility of the application for interim measures (Art.
            279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24)
      Re: 
      
         
               APPLICATION for interim measures in relation to the Commission’s decision of 30 September 2011 (Case COMP/39.579 – Consumer
                  detergents – and Case 09/0007 F) dismissing the request of the French competition authority that the Commission transfer to
                  it, in the context of Case 09/0007 F concerning the French detergents sector, a number of documents produced in Case COMP/39.579.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.