17.4.2004 |
EN |
Official Journal of the European Union |
C 94/42 |
ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE
of 21 January 2004
in Case T-245/03 R Fédération nationale des syndicats d'exploitants agricoles (FNSEA) and Others v Commission of the European Communities
(Interim proceedings - Competition - Payment of a fine - Bank guarantee - Prima facie case - Urgency - Balance of interests - Partial and conditional suspension)
(2004/C 94/121)
Language of the case: French
In Case T-245/03 R: Fédération nationale des syndicats d'exploitants agricoles (FNSEA), established in Paris (France), Fédération nationale bovine (FNB), established in Paris, Fédération nationale des producteurs du lait (FNPL), established in Paris, and Jeunes agriculteurs (JA), established in Paris, represented by B. Néouze and V. Ledoux, lawyers, with an address for service in Luxembourg, supported by the French Republic (agents: G. de Bergues and F. Million), against Commission of the European Communities (agents: P. Oliver and A. Bouquet) — application for dispensation, in whole or in part, from the obligation to provide a bank guarantee in order to avoid enforcement of the fines imposed by Commission Decision 2003/600/EC of 2 April 2003 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/F3 -- French beef) (OJ 2003 L 209, p. 12) — the President of the Court of First Instance, made an order on 21 January 2004, the operative part of which is as follows:
1) |
The obligation on the Fédération nationale des syndicats d'exploitants agricoles to provide the Commission with a bank guarantee in order to avoid immediate enforcement of the fines imposed on it by Article 3 of Commission Decision 2003/600/EC of 2 April 2003 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/F3 —French beef) is suspended on the following conditions:
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2) |
The obligation on the Fédération nationale bovine to provide the Commission with a bank guarantee in order to avoid immediate enforcement of the fines imposed on it by Article 3 of Decision 2003/600 is suspended on the following conditions:
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3) |
The obligation on the Jeunes agriculteurs to provide the Commission with a bank guarantee in order to avoid immediate enforcement of the fines imposed on it by Article 3 of Decision 2003/600 is suspended on the following conditions:
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4) |
The suspension granted in paragraphs 2 and 3 of the operative part of this order shall cease to have effect if the applicants do not communicate to the Commission, within a period of six weeks from notification of this order, the annual accounts of the Fédération nationale bovine and the Jeunes agriculteurs for the 2001 and 2002 financial years, audited and certified by an audit firm of international repute; |
5) |
Until bank guarantees covering interest are established, the applicants shall communicate to the Commission:
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6) |
The costs are reserved. |