Orders (Information) nº T-345/12 of The General Court, November 16, 2012

• Resolution Date: November 16, 2012
• Issuing Organization: The General Court
• Decision Number: T-345/12

Case T‑345/12 R

Akzo Nobel NV and Others

v

European Commission

(Interim relief — Competition — Publication of a decision finding an infringement of Article 81 EC — Rejection of claim for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Application for interim measures — Urgency — Prima facie case — Weighing up of interests)

Summary — Order of the President of the General Court, 16 November 2012

1. Application for interim measures — Jurisdiction of the court hearing the application for interim measures — Limits — Applicant seeking prohibition in advance of the Commission adopting a decision to grant access to a document — Application not within the jurisdiction of the court hearing the application for interim measures — Inadmissibility

   (Arts 278 TFEU and 279 TFEU; European Parliament and Council Regulation No 1049/2001)

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 — Order of examination and method of verification — Discretion of the court dealing with 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 — Weighing up of all the interests involved — Suspension of operation of Commission decision on the confidential treatment of information in one of its decisions — Need to preserve the effectiveness of the decision of the General Court on the main action

   (Art. 278 TFEU)

4. Fundamental rights — Respect for private life — Meaning of private life — Application to undertakings — Scope

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

5. 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 278 TFEU and 279 TFEU)

6. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Prima facie examination of pleas relied on in support of the main action — Action brought against a Commission decision refusing confidential treatment of information in one of its decisions...