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Order of the President of the Court of First Instance of 30 June 2009. # Tudapetrol Mineralölerzeugnisse Nils Hansen KG v Commission of the European Communities. # Application for interim measures - Commission decision imposing a fine - Application for suspension of operation of the measure and interim relief (repayment of the fine already paid and waiver of a bank guarantee) - No prima facie case and no urgency. # Case T-550/08 R.
ECLI:EU:T:2009:231
62008TO0550
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Order of the President of the of the Court of First Instance of 30 June 2009 – Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission
(Case T-550/08 R)
Application for interim measures – Commission decision imposing a fine – Application for suspension of operation of the measure and interim relief (repayment of the fine already paid and waiver of a bank guarantee) – No prima facie case and no urgency
1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)
Re:
APPLICATION for suspension of the operation of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement in Case COMP/39181 – Candle waxes, in so far as it imposes a fine on the applicant, application to release the applicant from the obligation to provide a bank guarantee as a condition for release from the obligation of payment, and other applications for interim measures.
Operative part
1.The application for interim measures is dismissed.
2.Costs are reserved.