Order of the President of the General Court of 10 June 2011 – Companhia Previdente v Commission

(Case T-414/10 R)

Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application to suspend the operation of a measure – Financial loss – No exceptional circumstances – No urgency

1.                     Application 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 – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23, 25-30, 43)

2.                     Application 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 account of 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 35-37, 41-42)

3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court; Art. 104(2)) (see para. 52)

Re:

Operative part