Order of the President of the General Court of 16 June 2015
Order of the President of the General Court of 16 June 2015
Data
- Court
- General Court
- Case date
- 16 juni 2015
Verdict
Order of the President of the General Court of 16 June 2015 —
Alcogroup and Alcodis v Commission
(Case T‑274/15 R)
"Interim measures - Competition - Agreements, decisions and concerted practices - Market in bioethanol and ethanol - Administrative procedure - Order to submit to an inspection - Refusal to suspend the investigation - Application for interim measures - Inadmissibility"
1. Application for interim measuresAdmissibility criteriaInterest in bringing proceedingsDamage having already occurredInadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104) (see para. 16)
2. Application for interim measuresSuspension of operation of a measureAdmissibility criteriaInterest of the applicant in obtaining the suspension soughtApplication seeking suspension of a measure already implementedInadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104) (see para. 17)
3. Application for interim measuresSuspension of operation of a measureAdmissibility criteriaInterest of the applicant in obtaining the suspension soughtNegative administrative decisionSuspension incapable of altering the applicant’s situationNo interestInadmissibility (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104) (see para. 18)
4. Application for interim measuresInterim measuresAdmissibility criteriaApplication seeking measures outside the context of the main disputeInadmissibility (Art. 279 TFEU; Rules of Procedure of the General Court, Art. 104) (see paras 20-25)
Re:
APPLICATION for interim measures seeking, first, suspension of the implementation of decision C(2015) 1769 final of the Commission of 12 March 2015 addressed to Alcogroup and all the undertakings directly or indirectly controlled by it including Alcodis, relating to proceedings under Article 20(4) of Council Regulation (EC) No 1/2003 (AT.40244 — AQUAVIT) and its decision of8 May 2015 addressed to Alcogroup in investigations AT.A0244 — Bioethanol — and AT.A0054 — Oil and Biofuel Markets and, second, an order that the Commission suspend all investigations in proceedings AT. A0054 and AT.A0244.
Operative part
1. The application for interim measures is dismissed.
2. Costs are reserved.