Ordonnances (Information) nº T-550/08 of Tribunal de Première Instance des Communautés Européennes, June 30, 2009
Resolution Date | June 30, 2009 |
Issuing Organization | Tribunal de Première Instance des Communautés Européennes |
Decision Number | T-550/08 |
Ordonnance du président du Tribunal du 30 juin 2009 - Tudapetrol Mineralölerzeugnisse Nils Hansen/Commission(affaire T-550/08 R)
Référé - Décision de la Commission infligeant une amende - Demande de sursis à exécution et de mesures provisoires (remboursement de l’amende déjà réglée et renonciation à une caution bancaire) - Absence de fumus boni juris et défaut d’urgence
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Référé - Sursis à exécution - Mesures provisoires - Conditions d'octroi - Fumus boni juris - Urgence - Préjudice grave et irréparable - Caractère cumulatif - Mise en balance de l'ensemble des intérêts en cause - Ordre d'examen et mode de vérification - Pouvoir d'appréciation du juge des référés (Art. 225, ß 1, CE, 242 CE et 243 CE; règlement de procédure du Tribunal, art. 104, ß 2) (cf. points 10-13)
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Référé - Sursis à exécution - Sursis à l'exécution de l'obligation de constituer une garantie bancaire comme condition du non-recouvrement immédiat d'une amende - Conditions d'octroi - Préjudice grave et irréparable (Art. 242 CE) (cf. points 40-45)
Objet
Demande de sursis à l’exécution de la décision C (2008) 5476 final de la Commission du 1er octobre 2008 relative à une procédure d'application de l'article 81 du traité CE et de l'article 53 de l'accord EEE dans l’affaire...
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