Order of the President of the General Court of 24 January 2011 – Rubinetterie Teorema v Commission
(Case T-370/10 R)
Application for interim measures – Competition – Decision of the Commission to impose a fine – Bank guarantee – Application for suspension of application – Financial harm – Lack of exceptional circumstances – Lack of 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 of the interests – Discretion of the judge dealing with the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 10-12)
2.Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the applicant company belongs (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 28-33, 36-38)
3.Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute 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 – Exceptional circumstances – Taking into account the situation of the group to which the undertaking belongs and of its shareholders – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 41-43)
Re:
| APPLICATION for suspension of application of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding pursuant to Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39092 – Bathroom fittings and fixtures). |
Operative part
1. |
| The application for interim measures is dismissed. |
2. |
| Costs are reserved. |