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Appeal – Application for interim measures – Competition – Payment of a fine – Bank guarantee – Rejection of application for suspension of operation of a measure – Incorrect assessment of the conditions of urgency – Principles of equal treatment and of observance of the right to a fair hearing
4. 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 for breach of the competition rules – Conditions for granting – Exceptional circumstances (Art. 242 EC; Rules of Procedure of the General Court, Art. 104(2)) (see paras 43-48)
Re:
Appeal against the order of the President of the Court of First Instance of 15 January 2009 in Case T‑199/08 R Ziegler v Commission, rejecting for want of urgency the appellant’s application to be released from the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of the fine imposed by Commission Decision C(2008) 926 final of 11 March 2008 on a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement concerning international removal services – Incorrect assessment of the conditions of urgency – Whether the appellant is likely to be caused serious, irreparable damage – Whether or not necessary to take into account the financial resources possessed by the group to which that party belongs – Breach of the obligation to state reasons and of the principles of equal treatment and of equality of arms.
The Court:
1.Dismisses the appeal;
2.Orders Ziegler SA to pay the costs.