General Court 12-05-2010 ECLI:EU:T:2010:194

Uitspraak

Order of the President of the General Court of 12 May 2010 – Reagens v Commission

(Case T-30/10 R)

Application for interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application for suspension of operation of the decision – Financial loss – Absence of exceptional circumstances – No 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 judge 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)) (see paras 11-12)

2.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss –Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the applicant company belongs (Arts 278 TFEU and 279 TFEU) (see paras 31-33, 45-47)

3.                     Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to constitute a bank guarantee as a condition for not proceeding to immediate recovery of a fine – Conditions for granting – Exceptional circumstances (Art. 278 TFEU) (see paras 42-44, 55-59)

Re:

Operative part