Order of the President of the Court of First Instance of 1 February 2006 – Endesa v Commission
(Case T-417/05 R)
Application for interim measures – Control of concentrations between undertakings – Urgency
1.Applications for interim measures – Interim relief – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative requirements – Weighing-up of all the interests at stake (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 26-27)
2.Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 243 EC) (see paras 32-33)
3.Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC) (see paras 37-40)
4.Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 76a) (see paras 41, 43-44, 47-50)
5.Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC; Council Regulation No 139/2004, Art. 8(3)) (see paras 52-57)
6.Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC) (see paras 59-60)
7.Applications for interim measures – Interim relief – Conditions for granting – Urgency – Serious and irreparable damage (Art. 243 EC) (see paras 61-66)
Re:
| APPLICATION for an order, first, for suspension of the operation of the Commission’s letter of 15 November 2005 declaring that a concentration between Gas Natural SDG, SA, and Endesa, SA, does not have a Community dimension within the meaning of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and, secondly, for the adoption of other interim measures |
Operative part
The Court:
1. |
| Dismisses the application for interim measures; |
2. |
| Reserves the costs. |