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Document 62008TO0065

    Order of the President of the Court of First Instance of 30 April 2008.
    Kingdom of Spain v Commission of the European Communities.
    Interim proceedings - Control of concentrations - Article 21 of Council Regulation (EC) No 139/2004 - Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market - Application for stay of execution - Prima facie case - Lack of urgency - Balance of interests.
    Case T-65/08 R.

    European Court Reports 2008 II-00069*

    ECLI identifier: ECLI:EU:T:2008:136





    Order of the President of the Court of First Instance of 30 April 2008 – Spain v Commission

    (Case T-65/08 R)

    Interim proceedings – Control of concentrations – Article 21 of Council Regulation (EC) No 139/2004 – Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market – Application for stay of execution – Prima facie case – Lack of urgency – Balance of interests

    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 – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 19-20)

    2.                     Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a decision requiring a Member State to withdraw the conditions imposed on an undertaking – Conditions for granting – Prima facie case (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 62)

    3.                     Applications 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 71-74, 80)

    4.                     Applications for interim measures – Interim measures – Conditions for granting – Balancing of all the interests involved (Art. 242 EC) (see paras 82-86)

    Re:

    APPLICATION for stay of execution of Commission Decision C(2007) 5913 final of 5 December 2007 (Case No COMP/M.4685 – Enel/Acciona/Endesa) in relation to a procedure pursuant to Article 21 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1).

    Operative part

    The Court:

    1.

    Dismisses the application for interim measures;

    2.

    Reserves the costs.

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