Order of the President of the General Court of 12 July 2011 – Emme v Commission

(Case T-422/10 R)

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

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 11-13)

2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Risk of insolvency (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16-18)

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 imposed for breach of the competition rules – Conditions for granting – Exceptional circumstances – Whether account to be taken of the situation of the group to which the undertaking belongs and of its shareholders (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 22-37)

Re:

Operative part