Keywords
Subject of the case
Operative part

Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-35)

2. Applications for interim measures – Interim measures – Application that the Commission be ordered to adopt in relation to a third party, not party to the proceedings, measures outside its competence – Inadmissibility (Art. 243 EC; Council Regulation No 1/2003, Arts 8, 9 and 23(2)(b) and (c); Commission Regulation No 773/2004, Art. 8) (see paras 50-54)

3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Rules of Procedure of the Court of First Instance, Arts 44(1)(d) and 104(3)) (see paras 56-58)

4. Applications for interim measures – Interim measures – Conditions for granting – Interest of the applicant in obtaining the measure sought (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 59)

Subject of the case

Re:

APPLICATION for interim measures requesting, first, an order requiring the Commission to prohibit Manufacture Française des Pneumatiques Michelin, on pain of a penalty, from using in any way or for any purpose whatsoever the information contained in the non-confidential version of the statement of objections of 6 April 2006 adopted in proceedings under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 – Butadiene Rubber (BR) and Emulsion Styrene Butadiene Rubber (ESBR)) which was forwarded to that company as a result of the Commission’s decision COMP/F2/D (2006) 1095 of 6 November 2006 and, secondly, an order that the Commission forward to Manufacture Française des Pneumatiques Michelin a copy of the order to be given and, lastly, such other or further measures as the President of the Court may deem necessary.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.