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Order of the President of the General Court of 29 July 2011. # HeidelbergCement AG v European Commission. # Interim relief - Competition - Request for information - Article 18(3) of Regulation (EC) No 1/2003 - Application for stay of execution - Lack of urgency. # Case T-302/11 R.
ECLI:EU:T:2011:405
62011TO0302
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(Case T-302/11 R)
Interim relief – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for stay of execution – Lack of urgency
4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Damage arising from a request for information of the Commission based on Article 18(4) of Regulation No 1/2003 concerning sensitive data of the undertaking – None (Arts 101 TFEU, 102 TFEU and 278 TFEU; Council Regulation No 1/2003, Art. 18(4)) (see paras 24-28)
5. 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 30-31)
Re:
APPLICATION for a stay of execution of Commission Decision C(2011) 2361 final of 30 March 2011 concerning a proceeding pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 – Cement and related products).
Operative part
1.The application for interim relief is rejected.
2.Costs are reserved.