Order of the President of the Court of 31 January 2011 – Commission v Éditions Odile Jacob
(Case C-404/10 P-R)
Application for interim measures – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Documents relating to a procedure concerning a merger between undertakings – Commission decision – Access to documents refused – Judgment of the General Court – Annulment of the Commission decision – Application for suspension of operation of the General Court’s judgment – Urgency
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 – Weighing up all the interests involved – Order of assessment and method of verification – Discretion of the court dealing with the application for interim relief (Arts256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the Court of Justice Art. 83(2)) (see paras 19-21)
2.Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 278 TFEU) (see paras 30-31)
3.Applications for interim measures – Suspension of operation of a measure – Judgment of the General Court against which an appeal has been brought – Conditions for granting – Serious and irreparable damage – No administrative proceedings brought relating to the application of Regulation No 1049/2001 regarding public access to documents (Art. 278 TFEU; European Parliament and Council Regulation No 1049/2001) (see para. 32)
Re:
| Appeal against the judgment of the General Court (Sixth Chamber) of 9 June 2010 in Case T-237/05 | Éditions Jacob | v | Commission | , by which that court annulled the Commission’s decision of 7 April 2005 (D(2005)3286), to the extent that it refuses the appellant access to the documents concerning merger control proceedings COMP/M.2978 Lagardère/Natexis/VUP – Documents relating to merger control procedures – Exception relating to the protection of the purpose of investigations – Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access. |
Operative part
1. |
| The application for interim measures is dismissed. |
2. |
| Costs are reserved. |