Orders (Information) nº T-164/12 of The General Court, November 29, 2012

• Resolution Date: November 29, 2012
• Issuing Organization: The General Court
• Decision Number: T-164/12

Case T‑164/12 R

Alstom

v

European Commission

(Interim relief — Competition — Commission decision to transmit documents to a national court — Confidentiality — Right to effective judicial protection — Application for interim measures — Prima facie case — Urgency — Weighing up of interests)

Summary — Order of the President of the General Court, 29 November 2012

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 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))

2. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Balancing of all the interests involved — Commission decision to transmit confidential documents to a national court

   (Art. 278 TFEU)

3. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Urgency — Serious and irreparable damage — Commission decision to transmit confidential documents to a national court — Risk of infringement of the right to an effective remedy

   (Art. 278 TFEU; Charter of Fundamental Rights of the European Union, Art. 47)

4. Application for interim measures — Suspension of operation of a measure — Conditions for granting — Prima facie case — Examination prima facie of the pleas in law put forward in support of the main action — Action against a Commission decision to transmit confidential documents to a national court — Plea alleging adequacy of the guarantees of confidentiality offered by the national court — Plea prima facie not unfounded

   (Arts 278 TFEU and 339 TFEU)

1. See the text of the decision.

   (see paras 24-27) 2. The weighing up of the various interests involved requires the judge hearing the application for interim measures to determine whether or not the applicant’s interest in obtaining the interim measures sought outweighs the interest in immediate application of the contested measure by examining, more specifically, whether annulment of that measure by the Court when ruling on the main application would allow the situation which would have been brought about by its immediate operation to be reversed, and, conversely, whether suspension of...