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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. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court; Art. 104(2)) (see para. 52)
APPLICATION to suspend 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) and to dispense the applicant from the obligation to establish a bank guarantee so as to avoid immediate recovery of the fine imposed under Article 2 of that decision.