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Document 62011TO0292
Summary of the Order
Summary of the Order
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 – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16-17)
2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 22)
3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 29)
4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Damage arising from a Commission decision rejecting a request not, on account of excessive workload, to communicate documents – Situation which could jeopardise the existence of the applicant company – None where damage of a purely hypothetical nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24, 31-33)
5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Loss capable of being subsequently remedied by means of an action for compensation – Not irreparable in character (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 40-41)
Re:
APPLICATION for suspension of operation of Commission Decision C(2001) 2360 final of 30 March 2011 in proceedings pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 – Cement and related products).
Operative part
1. The application for suspension of operation is dismissed.
2. Costs are reserved.