Keywords
Subject of the case
Operative part

Keywords

Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas establishing a prima facie case for the interim measures applied for (Arts 242 EC and 243 EC; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-17)

2. Applications for interim measures – Procedure – Whether appropriate to hear the parties – Whether appropriate to admit further observations and documents after the end of the written or oral procedure – Discretion of the judge hearing the application for interim measures (Arts 242 EC and 243 EC; Statute of the Court of Justice, Art. 39, first para., and Art. 53, first para.; Rules of Procedure of the General Court, Art. 105) (see paras 29-30, 34)

3. Applications for interim measures – Formal requirements – Submission of applications (Arts 242 EC and 243 EC; Practice Directions to parties before the General Court, point 71) (see para. 33)

4. Applications for interim measures – Suspension of operation of a measure – Suspension of operation of the obligation to provide 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 (Art. 242 EC; Rules of Procedure of the General Court, Art. 104(2)) (see paras 43-48)

Subject of the case

Re:

Appeal against the order of the President of the Court of First Instance of 15 January 2009 in Case T‑199/08 R Ziegler v Commission , rejecting for want of urgency the appellant’s application to be released from the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of the fine imposed by Commission Decision C(2008) 926 final of 11 March 2008 on a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement concerning international removal services – Incorrect assessment of the conditions of urgency – Whether the appellant is likely to be caused serious, irreparable damage – Whether or not necessary to take into account the financial resources possessed by the group to which that party belongs – Breach of the obligation to state reasons and of the principles of equal treatment and of equality of arms.

Operative part

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Ziegler SA to pay the costs.