Order of the President of the General Court of 29 July 2011 – Holcim (Deutschland) and Holcim v Commission

(Case T-293/11 R)

Interim relief – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for stay of execution – Lack of 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 12-13)

2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Realisation of the damage depending on future and uncertain events – Lack of urgency (Art. 278 TFEU) (see paras 19-20)

3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Request for information of the Commission based on Article 18(4) of Regulation No 1/2003 – Possibility of the Commission imposing penalty payments and fines in case of non-compliance with the deadline for sending the information – Realisation of the damage hypothetical in nature (Art. 278 TFEU; Council Regulation No 1/2003, Arts 18(4) and 23(1)(b)) (see paras 21-23)

4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Damage arising from possible unlawful use of data obtained in the context of a request for information of the Commission based on Article 18(4) of Regulation No 1/2003 – None (Arts 101 TFEU, 102 TFEU and 278 TFEU; Council Regulation No 1/2003, Art. 18(4)) (see paras 25-26)

Re:

Operative part