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Order of the President of the General Court of 29 July 2011. # Cemex SAB de CV and Others v European Commission. # Interim measures - Competition - Request for information - Article 18(3) of Regulation (EC) No 1/2003 - Application for suspension of operation - Lack of urgency. # Case T-292/11 R.
ECLI:EU:T:2011:402
62011TO0292
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(Case T-292/11 R)
Interim measures – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for suspension of operation – Lack of urgency
4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Damage arising from a Commission decision rejecting a request not, on account of excessive workload, to communicate documents – Situation which could jeopardise the existence of the applicant company – None where damage of a purely hypothetical nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24, 31-33)
5. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Loss capable of being subsequently remedied by means of an action for compensation – Not irreparable in character (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 40-41)
Re:
APPLICATION for suspension of operation of Commission Decision C(2001) 2360 final of 30 March 2011 in proceedings pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 – Cement and related products).
Operative part
1.The application for suspension of operation is dismissed.
2.Costs are reserved.