Orders (Information) nº T-352/09 of Court of First Instance of the European Communities, October 29, 2009

• Resolution Date: October 29, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-352/09

Order of the President of the Court of First Instance of 29 October 2009 – Novácke chemické závody v Commission

(Case T-352/09 R)

Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of enforcement of a measure – Lack of urgency

1. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing 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 12-15)

2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Situation which could jeopardise the existence of the applicant company – Damage having already arisen at the time of the adoption of the decision by the court hearing the application for interim measures – Lack of urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 38-44)

3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Applicant company losing an opportunity for redress – Purely hypothetical damage depending on the occurrence of future and uncertain events – Lack of...