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Order of the President of the Court of First Instance of 29 October 2009. # Novácke chemické závody, a.s. v Commission of the European Communities. # Interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of enforcement of a measure - Lack of urgency. # Case T-352/09 R.

ECLI:EU:T:2009:422

62009TO0352

October 29, 2009
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(Case T-352/09 R)

Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of enforcement of a measure – Lack of urgency

1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – 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 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 12-15)

4. Application for interim measures – Interim measures – Exemption from the obligation to constitute a bank guarantee as a condition for fine not being recovered immediately – Conditions for granting – Exceptional circumstances – Assessment having regard to the situation of the group to which the applicant company belongs – Burden of proof (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 52-59)

Re:

APPLICATION for suspension of enforcement of the Commission decision of 22 July 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.396 – Calcium carbide and magnesium-based reagents for the steel and gas industries), in so far as it concerns the applicant.

Operative part

1.The application for interim measures is dismissed.

2.Costs are reserved.

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