Keywords
Summary

Keywords

Applications for interim measures — Suspension of operation of a measure — Suspension of the obligation to provide a bank guarantee as a condition for non-enforcement of the right to immediate payment of a fine — Conditions for granting — Exceptional circumstances — (Art. 242 EC)

Summary

An application for an exemption from the obligation to provide a bank guarantee as a condition for the fine not being recovered immediately will only be granted in exceptional circumstances. The possibility of requiring the provision of a financial guarantee is expressly provided for with regard to applications for interim relief by the Rules of Procedure of the Court of Justice and of the Court of First Instance and is a general and reasonable way for the Commission to act.

The existence of such exceptional circumstances may, in principle, be regarded as established where the party seeking exemption from providing the requisite bank guarantee adduces evidence that it is objectively impossible for it to provide such guarantee or where such provision would imperil its existence.

see paras 25-26