Orders (Information) nº T-423/17 of Tribunal General de la Unión Europea, November 23, 2017

• Resolution Date: November 23, 2017
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-423/17

Order of the President of the of the Court of First Instance of 23 November 2017 - Nexans France and Nexans v Commission

(Case T-423/17 R)

(Interim relief - Competition - Power cables - Rejection of the request for confidential treatment of certain information contained in a decision establishing an infringement of Article 101 TFEU - Application for interim measures - Lack of urgency)

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 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 18-21) 2. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Purely hypothetical damage based on the happening of future and uncertain events - Insufficient to demonstrate urgency

   (Arts 278 TFEU and 279 TFEU)

   (see paras 24, 25) 3. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Urgency - Serious and irreparable damage - Burden of proof - Financial loss - Obligation to provide concrete and precise indications, supported by detailed documentary evidence - Situation liable to endanger the existence of the applicant company

   (Art. 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

   (see paras 27-30) 4. Application for interim measures - Formal requirements - Submission of applications - Brief summary of the pleas in law on which the application is based - Pleas in law not set out in the application and pleadings - General reference to other documents - Inadmissibility

   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4) and (5))

   (see para. 31) 5. Application for interim measures - Suspension of operation of a measure - Interim measures - Conditions for granting - Serious and irreparable damage - Damage caused by the publication of...