This document is an excerpt from the EUR-Lex website
Document 62011TO0607
Summary of the Order
Summary of the Order
Order of the President of the General Court of 23 January 2012 — Henkel and Henkel France v Commission
(Case T-607/11 R)
‛Application for interim measures — Competition — Commission decision refusing to transmit documents to a national competition authority — Application for interim measures — No interest in bringing proceedings — Disregard of formal requirements — Measures requested not provisional in character — Inadmissibility’
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1. |
Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — 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 13-15) |
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2. |
Applications for interim measures — Suspension of operation of a measure — Conditions for admissibility — Interest of the applicant in obtaining the suspension — Claim for suspension of a Commission decision refusing to send documents to a national competition authority — Suspension not capable of changing the applicant’s position — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 21) |
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3. |
Applications for interim measures — Interim measures — Conditions for granting — Conditions for admissibility — Measures not to prejudge the decision on the substance of the case — Claim for access to documents the subject-matter of a refusal decision challenged by an action for annulment — Requirement not met — Inadmissibility of the application for interim measures (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23, 24) |
Re:
APPLICATION for interim measures in relation to the Commission’s decision of 30 September 2011 (Case COMP/39.579 — Consumer detergents — and Case 09/0007 F) dismissing the request of the French competition authority that the Commission transfer to it, in the context of Case 09/0007 F concerning the French detergents sector, a number of documents produced in Case COMP/39.579.
Operative part
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1. |
The application for interim measures is dismissed. |
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2. |
Costs are reserved. |
Order of the President of the General Court of 23 January 2012 — Henkel and Henkel France v Commission
(Case T-607/11 R)
‛Application for interim measures — Competition — Commission decision refusing to transmit documents to a national competition authority — Application for interim measures — No interest in bringing proceedings — Disregard of formal requirements — Measures requested not provisional in character — Inadmissibility’
|
1. |
Applications for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — 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 13-15) |
|
2. |
Applications for interim measures — Suspension of operation of a measure — Conditions for admissibility — Interest of the applicant in obtaining the suspension — Claim for suspension of a Commission decision refusing to send documents to a national competition authority — Suspension not capable of changing the applicant’s position — Not included (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 19, 21) |
|
3. |
Applications for interim measures — Interim measures — Conditions for granting — Conditions for admissibility — Measures not to prejudge the decision on the substance of the case — Claim for access to documents the subject-matter of a refusal decision challenged by an action for annulment — Requirement not met — Inadmissibility of the application for interim measures (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23, 24) |
Re:
APPLICATION for interim measures in relation to the Commission’s decision of 30 September 2011 (Case COMP/39.579 — Consumer detergents — and Case 09/0007 F) dismissing the request of the French competition authority that the Commission transfer to it, in the context of Case 09/0007 F concerning the French detergents sector, a number of documents produced in Case COMP/39.579.
Operative part
|
1. |
The application for interim measures is dismissed. |
|
2. |
Costs are reserved. |