Order of the President of the General Court of 15 July 2011 – Fapricela v Commission

(Case T-398/10 R)

Application for interim measures – Competition – Decision of the Commission imposing a fine – Bank guarantee – Application to suspend operation – Financial damage – Lack of exceptional circumstances – Lack of urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 15-17)

2.                     Applications for interim measures – 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 for breach of the competition rules – Conditions for granting – Exceptional circumstances – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 22-24)

3.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank guarantee as a condition for not requiring immediate recovery of a fine – Conditions for granting – Exceptional circumstances – Burden of proof – Refusal of banks to provide such a bank guarantee – Admissibility as evidence of an objective impossibility of obtaining such a financial instrument – Duty to provide concrete and precise indications supported by detailed and certified documentary evidence (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 26-28)

4.                     Applications for interim measures – 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 – Conditions for granting – Exceptional circumstances – Taking into account of the position of the group to which the undertaking belongs and of its shareholders – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 31-32, 34-35)

5.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 43)

Re:

Operative part