Orders (Information) nº T-420/18 of Tribunal General de la Unión Europea, October 25, 2018

Resolution DateOctober 25, 2018
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-420/18

Order of the President of the General Court of 25 October 2018 - JPMorgan Chase and Others v Commission

(Case T-420/18 R)

(Application for interim measures - Competition - Euro Interbank Offered Rates (Euribor) - Euro Interest Rate Derivatives (EIRD) - Rejection of the request for confidential treatment of a decision establishing an infringement of Article 101 TFEU - Principle of the presumption of innocence - Application for interim measures - No prima facie case)

  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 - Assessment in litigation on the protection of confidential information - Condition of prima facie case not satisfied

    (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

    (see paras 13-16, 20-23, 26, 31)

  2. Application for interim measures - Admissibility criteria - Application - Formal requirements - Pleas establishing a prima facie case for the measures applied for - Pleas in law not set out in the application - 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 paras 18, 19)

  3. Competition - Administrative procedure - Professional secrecy - Establishing whether information is covered by professional secrecy - Criteria - Interests, capable of being harmed by the disclosure of information, deserving protection - Balancing of the public interest in the transparency of EU action and legitimate interests opposed to disclosure - Interest of an undertaking that certain information concerning its conduct not be disclosed - Interest not deserving any particular protection in the case of undertakings which participated in an infringement of EU competition rules

    (Art. 101 TFEU; Charter of Fundamental Rights of the European Union, Art. 41; Council Regulation No 1/2003, Arts 7, 23, 28 and 30)

    (see paras 33-35, 37, 38)

  4. Competition - Fines - Decision imposing fines - Content - Opportunity of including factual findings - Commission’s assessment

    (Art. 101 TFEU; Council Regulation No 1/2003)

    (see para....

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