Orders (Information) nº T-462/12 of The General Court, March 11, 2013

• Resolution Date: March 11, 2013
• Issuing Organization: The General Court
• Decision Number: T-462/12

Case T‑462/12 R

Pilkington Group Ltd

v

European Commission

(Interim relief — Competition — Publication of a decision finding an infringement of Article 81 EC — Rejection of request for confidential treatment of information allegedly covered by business secrecy — Application for interim measures — Urgency — Prima facie case — Weighing up of interests)

Summary — Order of the President of the General Court, 11 March 2013

1. Judicial proceedings — Intervention — Application for interim measures — Community law — Interest in the solution of the matter at the interim stage — Appraisal in relation to the consequences on the economic or legal situation of the interveners

   (Statute of the Court of Justice, Art. 40)

2. 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 — Discretion of the court hearing the application for interim relief

   (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2))

3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Suspension of Commission decision concerning confidential treatment of information appearing in one of its decisions — Need to maintain the effectiveness of the decision of the General Court in the action in the main proceedings

   (Art. 278 TFEU)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Serious and irreparable damage for the applicant — Interest of the applicant affected — Interests of employees of the applicant company affected — Not included

   (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2))

5. Fundamental rights — Respect for privacy — Concept of private life — Application to undertakings — Scope

   (Charter of Fundamental Rights of the European Union, Art. 7)

6. Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Risk of serious and irreparable damage to fundamental rights

   (Arts 6(1), first para., TEU, 278 TFEU and 279 TFEU; Charter of Fundamental Rights of the European Union, Arts 7 and 47)

7. Application for interim measures —...