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Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application to suspend the operation of a measure – Financial loss – No exceptional circumstances – No urgency
3. Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank guarantee as a condition for not requiring immediate recovery of a fine imposed for breach of the competition rules – Conditions for granting – Exceptional circumstances – Whether account to be taken of the situation of the group to which the undertaking belongs and of its shareholders (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 22-37)
APPLICATION to suspend the operation of Article 2 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 – Prestressing steel) and to dispense the applicant from the obligation to provide a bank guarantee so as to avoid immediate recovery of the fine imposed under Article 2 of that decision.
1.The application for interim measures is dismissed.
2.Costs are reserved.