CELEX: 62008TO0065
Language: en
Date: 2008-04-30 00:00:00
Title: Order of the President of the Court of First Instance of 30 April 2008. # Kingdom of Spain v Commission of the European Communities. # Interim proceedings - Control of concentrations - Article 21 of Council Regulation (EC) No 139/2004 - Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market - Application for stay of execution - Prima facie case - Lack of urgency - Balance of interests. # Case T-65/08 R.

Order of the President of the Court of First Instance of 30 April 2008 – Spain v Commission
      (Case T-65/08 R)
      Interim proceedings – Control of concentrations – Article 21 of Council Regulation (EC) No 139/2004 – Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market
         – Application for stay of execution – Prima facie case – Lack of urgency – Balance of interests
      
      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 – Balancing of all the interests involved (Arts
            242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 19-20)
      2.                     Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a decision requiring
            a Member State to withdraw the conditions imposed on an undertaking – Conditions for granting – Prima facie case (Art. 242
            EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 62)
      3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
            (see paras 71-74, 80)
      4.                     Applications for interim measures – Interim measures – Conditions for granting – Balancing of all the interests involved (Art.
            242 EC) (see paras 82-86)
      Re:
      
         
               APPLICATION for stay of execution of Commission Decision C(2007) 5913 final of 5 December 2007 (Case No COMP/M.4685 – Enel/Acciona/Endesa)
                  in relation to a procedure pursuant to Article 21 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control
                  of concentrations between undertakings (OJ 2004 L 24, p. 1).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.