Order of the President of the General Court of 7 May 2010 – Almamet v Commission

(Case T-410/09 R)

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

1.                     Application 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 (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 30-32)

2.                     Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances (Art. 278 TFEU) (see paras 34-36)

3.                     Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Serious and irreparable damage – Situation of the group to which the undertaking belongs to be taken into account (Art. 278 TFEU) (see paras 47-48)

4.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – Lodging of an additional pleading to remedy deficiencies – Incompatibility with the procedure for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Arts 104(2) and 109) (see para. 55)

Re:

Operative part