Order of the President of the General Court of 13 May 2022

1. 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 7-10)

2. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial lossObligation to provide concrete and precise indications, supported by detailed documentary evidenceSituation liable to endanger the existence of the applicant companyAssessment in the light of the size and turnover of the undertaking and the situation of the group to which it belongsPurely hypothetical damage based on the occurrence of future and uncertain eventsInsufficient to demonstrate urgency

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

(see paras 13, 21-26, 34-36, 39, 42, 43)

3. Interim reliefSuspension of operation of a measureSuspension of the obligation to constitute a bank guarantee as a condition for not proceeding to immediate recovery of a fine imposed for breach of the competition rulesConditions for grantingExceptional circumstancesBurden of proof

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

(see paras 29-32)

4. Interim reliefSuspension of operation of a measureConditions for grantingUrgencySerious and irreparable damageSerious and irreparable damage for the applicantInterest of the applicant affectedInterest of a third party affectedNot included

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

(see paras 37, 38)

Operative part

1. The application for interim relief is dismissed.

2. The costs are reserved.