Order of the President of the Court of 20 April 2012—Fapricela v Commission(Case C‑507/11

Order of the President of the Court of 20 April 2012—
Fapricela v Commission

(Case C‑507/11 P(R))

Application for interim measures— Competition— Decision of the Commission imposing a fine— Bank guarantee— Application for suspension of operation of a measure— Financial damage— Lack of exceptional circumstances— Lack of urgency

1.Applications 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— Conditions for granting— Serious and irreparable damage— Impossible to obtain a bank guarantee— Extent of the burden of proof (Art.278 TFEU) (see paras 33-36, 41, 53-56)

2.Applications for interim measures— Procedure— Whether appropriate to hear the parties— Whether appropriate to admit additional observations and documents after the ending of the written or oral procedure— Discretion of the judge hearing the application for interim relief (Art.278 TFEU and 279 TFEU; Statute of the Court of Justice, Art. 39, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 105) (see paras49-51)

3.Applications 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— Conditions for granting— Serious and irreparable damage— Taking account of the situation of the group to which the undertaking belongs and of its shareholders— Necessity of providing, at the time of making the application, information concerning the financial capacity of the undertaking’s shareholders (Art. 278 TFEU) (see paras 67-69)

4.Appeals— Grounds— Plea raised against a ground of the judgment not necessary in order for the operative part to be founded— Plea ineffective (see para. 72)

Re:

Appeal against the judgment of the General Court of 15 July 2011 in Case T‑398/10R

Fapricela

v

Commission,

by which that court dismissed an application for suspension of the operation of Commission Decision C(2010)4387 final of 30June 2010 relating to a proceeding under Article101 TFEU and Article53 of the EEA Agreement (Case COMP/38.344— Pre-stressing steel), inter alia, in so far as it imposes the obligation to set up a bank guarantee in order to avoid immediate recovery of the fine imposed under Article2 of that decision.

Operative part

1.

The appeal is dismissed.

2.

Fapricela— Indústria de Trefilaria SA is ordered to pay the costs.