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Order of the President of the General Court of 13 April 2011. # Socitrel - Sociedade Industrial de Trefilaria, SA v European Commission. # Application for interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of operation - Pecuniary damage - No exceptional circumstances - No urgency. # Case T-413/10 R.
ECLI:EU:T:2011:179
62010TO0413
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(Case T-413/10 R)
Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation – Pecuniary damage – No exceptional circumstances – No urgency
5. Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances – Risk of jeopardising the existence of the applicant company – Burden of proof (Art. 278 TFEU) (see paras 44-46)
6. 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. 53)
Re:
APPLICATION for suspension of the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a procedure pursuant to Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Prestressed steel) and for waiver of the obligation to establish a bank guarantee in order to prevent the immediate recovery of the fine imposed under Article 2 of that decision.
Operative part
1.The application for interim measures is dismissed.
2.The costs are reserved.