European Court reports 1999 Page II-03909

Keywords

1 Applications for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Imminent risk of serious and irreparable damage - Meaning (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

2 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 postponing recovery of a fine for infringement of the competition rules - Necessary to balance the various interests at stake (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

Summary

1 In order for the condition for granting the suspension of operation of a measure or interim relief requiring the existence of a risk that the applicant will suffer serious and irreparable damage, it is not necessary to establish with absolute certainty that the harm is imminent. It is sufficient that the harm in question, particularly when it depends on the occurrence of a number of factors, should be foreseeable with a sufficient degree of probability.

2 When hearing an application for suspension of operation of the obligation under which an undertaking must provide the Commission with a bank guarantee in order for the recovery of a fine for infringement of the competition rules to be postponed, the Court must balance the various interests at play, in particular the Commission's interest in being able to recover the fine should the main action be dismissed and, more generally, the public interest in maintaining the deterrent effect of fines imposed by the Commission.