Application for interim measures — Competition — Decision of the Commission imposing a fine — Bank guarantee — Application for suspension of operation of a measure — Financial damage — Lack of exceptional circumstances — Lack of urgency

3. Applications for interim measures — Suspension of operation of a measure — Suspension of operation of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine imposed — Conditions for granting — Serious and irreparable damage — Taking account of the situation of the group to which the undertaking belongs and of its shareholders — Necessity of providing, at the time of making the application, information concerning the financial capacity of the undertaking’s shareholders (Art. 278 TFEU) (see paras 67-69)

4. Appeals — Grounds — Plea raised against a ground of the judgment not necessary in order for the operative part to be founded — Plea ineffective (see para. 72)

Re:

Appeal against the judgment of the General Court of 15 July 2011 in Case T‑398/10 R Fapricela v Commission, by which that court dismissed an application for suspension of the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 — Pre-stressing steel), inter alia, in so far as it imposes the obligation to set up a bank guarantee in order to avoid immediate recovery of the fine imposed under Article 2 of that decision.

Operative part

1.The appeal is dismissed.

2.Fapricela — Indústria de Trefilaria SA is ordered to pay the costs.