Order of the President of the General Court of 29 January 2020

Data

Court: General Court

Case date: 29 januari 2020

Verdict

Order of the President of the General Court of 29 January 2020 –
Silgan International and Silgan Closures v Commission

(Case T‑808/19 R)

"(Interim measures - Competition - Request for information - Article 18(3) of Regulation (EC) No 1/2003 - Application for suspension of operation - No urgency)"

Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedOrder of examination and method of verificationDiscretion of the court hearing the application for interim relief

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

(see paras 11-14)

Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofPurely hypothetical damage based on the occurrence of future and uncertain eventsInsufficient to demonstrate urgencyRequest for information sent to the applicantNo urgency

(Arts 278 and 279 TFEU)

(see paras 17-24, 26-32)

Re:

Application under Articles 278 and 279 TFEU seeking suspension of operation of Commission Decision C(2019) 8501 final of 20 November 2019 relating to proceedings under Article 18(3) and Article 24(1) of Council Regulation (EC) No 1/2003 (Case AT.40522 — Metal packaging).

Operative part

The application for interim measures is dismissed.

The costs are reserved.