Order of the President of the Court of First Instance of 15 January 2009 – Ziegler v Commission
(Case T-199/08 R)
Interim measures – Competition – Payment of a fine – Bank guarantee – Application for stay of execution – Lack of urgency
1.Application for interim measures – Conditions of admissibility– Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 18-21)
2.Application 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 44-46)
3.Application for interim measures – Suspension of operation of a measure – Suspension of operation of the obligation to provide 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 (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48, 50-54)
Re:
| APPLICATION for a stay of execution of Commission Decision C(2008) 926 final of 11 March 2008 on a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 – International Removal Services). |
Operative part
1. |
| The application for interim measures is dismissed. |
2. |
| Costs are reserved. |