This document is an excerpt from the EUR-Lex website
Document 62022TO0059
Order of the President of the General Court of 13 May 2022.
Conserve Italia - Consorzio Italiano fra cooperative agricole Soc. coop. agr. and Conserves France v European Commission.
Interim relief – Competition – Agreements, decisions and concerted practices – European market for preserved vegetables – Decision imposing a fine – Application for suspension of operation of a measure – No urgency.
Case T-59/22 R.
Order of the President of the General Court of 13 May 2022.
Conserve Italia - Consorzio Italiano fra cooperative agricole Soc. coop. agr. and Conserves France v European Commission.
Interim relief – Competition – Agreements, decisions and concerted practices – European market for preserved vegetables – Decision imposing a fine – Application for suspension of operation of a measure – No urgency.
Case T-59/22 R.
Court reports – general
ECLI identifier: ECLI:EU:T:2022:290
Order of the President of the General Court of 13 May 2022 –
Conserve Italia and Conserves France v Commission
(Case T‑59/22 R)
(Interim relief – Competition – Agreements, decisions and concerted practices – European market for preserved vegetables – Decision imposing a fine – Application for suspension of operation of a measure – No urgency)
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Interim relief – 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 – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 7-10) |
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2. |
Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Obligation to provide concrete and precise indications, supported by detailed documentary evidence – Situation liable to endanger the existence of the applicant company – Assessment in the light of the size and turnover of the undertaking and the situation of the group to which it belongs – Purely hypothetical damage based on the occurrence of future and uncertain events – Insufficient to demonstrate urgency (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 13, 21-26, 34-36, 39, 42, 43) |
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3. |
Interim relief – 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 (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art 156(4)) (see paras 29-32) |
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Interim relief – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Serious and irreparable damage for the applicant – Interest of the applicant affected – Interest of a third party affected – Not included (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paras 37, 38) |
Operative part
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The application for interim relief is dismissed. |
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The costs are reserved. |