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Order of the President of the General Court of 15 July 2011. # Fapricela - Indústria de Trefilaria, SA v European Commission. # Application for interim measures - Competition - Decision of the Commission imposing a fine - Bank guarantee - Application to suspend operation - Financial damage - Lack of exceptional circumstances - Lack of urgency. # Case T-398/10 R.
ECLI:EU:T:2011:395
62010TO0398
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(Case T-398/10 R)
Application for interim measures – Competition – Decision of the Commission imposing a fine – Bank guarantee – Application to suspend operation – Financial damage – Lack of exceptional circumstances – Lack of urgency
4. Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances – Taking into account of the position of the group to which the undertaking belongs and of its shareholders – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 31-32, 34-35)
Re:
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), inter alia in so far as it imposes the obligation to set up a bank guarantee in order to avoid immediate recovery of the fine imposed under Article 2 of that decision.
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.