Keywords
Subject of the case
Operative part
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.