Order of the President of the General Court of 19 January 2024

1. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureWeighing up of all the interests involvedOrder of examination and method of verification –Discretion of the judge hearing the application for interim relief

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

(see paragraphs 12-15)

2. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageBurden of proofFinancial damageObligation to provide specific and precise information, supported by detailed documentary evidenceSituation liable to endanger the existence of the applicant companyAssessment in the light of its size and turnover 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 paragraphs 18, 29-38)

3. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingUrgencySerious and irreparable damageRequest for information addressed to the applicant undertaking in the context of a merger control procedureRequest capable of leading to the disclosure of information concerning the private life of employees and agents of the undertaking and concerning confidential journalistic sourcesSpecific procedural safeguards applied by the CommissionPurely hypothetical damageNo urgency

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4); Staff Regulations of Officials, Art. 17; Council Regulation No 139/2004, Art. 11(3))

(see paragraphs 39-50)

Operative part

1. The application for interim measures is dismissed.

2. The order of 29 November 2023, Lagardère v Commission (T‑1119/23 R), is cancelled.

3. The costs are reserved.