61982O0086

APPLICATION FOR THE ADOPTION OF INTERIM MEASURES - SUSPENSION OF OPERATION OF A DECISION IMPOSING A FINE - CONDITIONS FOR GRANTING - LODGING OF SECURITY

( EEC TREATY , ART . 185 ; RULES OF PROCEDURE , ART . 86 ( 2 ))

IN CASE 86/82 R

HASSELBLAD ( GB ) LIMITED , LONDON , REPRESENTED BY THE FIRM OF DERINGER , TESSIN , HERMANN & SEDEMUND , RECHTSANWALTE , COLOGNE , AND BY WILLIAM T . STOCKLER , SOLICITOR , LONDON , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF THE VEREINS- UND WESTBANK INTERNATIONALE SA 25 BOULEVARD ROYAL ,

APPLICANT ,

V

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOHN TEMPLE LANG , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

DEFENDANT ,

APPLICATION TO SUSPEND THE ENFORCEMENT OF A COMMISSION DECISION PURSUANT TO ARTICLE 185 AND THE FOURTH PARAGRAPH OF ARTICLE 192 OF THE EEC TREATY AND ARTICLE 83 OF THE RULES OF PROCEDURE ,

1 ARTICLE 185 OF THE EEC TREATY PROVIDES THAT ACTIONS BROUGHT BEFORE THE COURT OF JUSTICE DO NOT HAVE SUSPENSORY EFFECT . THE COURT MAY , HOWEVER , IF CIRCUMSTANCES SO REQUIRE , ORDER THAT APPLICATION OF THE CONTESTED ACT BE SUSPENDED . ARTICLE 86 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT ENFORCEMENT OF THE ORDER MAY BE MADE CONDITIONAL ON THE LODGING BY THE APPLICANT OF SECURITY , OF AN AMOUNT AND NATURE TO BE FIXED IN THE LIGHT OF THE CIRCUMSTANCES .

2 IN THIS APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , THE APPLICANT SEEKS THE SUSPENSION OF THE OBLIGATION TO PAY THE FINE IMPOSED ON IT . ARTICLE 8 OF THE OPERATIVE PART OF THE CONTESTED DECISION PROVIDES THAT IN THE EVENT OF AN APPEAL TO THE COURT OF JUSTICE BY ONE OF THE UNDERTAKINGS FINED , THE RECOVERY OF THE FINE IMPOSED ON THAT UNDERTAKING IS TO BE SUSPENDED ON CONDITION THAT IT PROVIDES A BANKER ' S GUARANTEE FOR THE AMOUNT INVOLVED .

3 THE CIRCUMSTANCES UPON WHICH THE COMMISSION BASES ITS DEPARTURE FROM ITS FORMER PRACTICE REGARDING SUSPENSION OF THE RECOVERY OF FINES , IN THE EVENT OF AN APPEAL BY THE UNDERTAKING IN QUESTION , JUSTIFY ITS NEW APPROACH . ACCORDINGLY , SAVE IN EXCEPTIONAL CIRCUMSTANCES , SUSPENSION OF ENFORCEMENT MUST BE MADE CONDITIONAL ON THE PROVISION OF A GUARANTEE .

4 THE INFORMATION SUPPLIED BY THE APPLICANT WITH REGARD TO ITS SITUATION , REGARD BEING HAD TO THE GROUP OF UNDERTAKINGS TO WHICH IT BELONGS , DOES NOT SHOW THAT THERE EXIST EXCEPTIONAL CIRCUMSTANCES IN THIS CASE SUCH AS TO JUSTIFY THE GRANTING OF A SUSPENSION WITHOUT THE PROVISION OF A GUARANTEE . IT IS , HOWEVER , PROPER TO GRANT THE APPLICANT A REASONABLE PERIOD WITHIN WHICH TO SATISFY THAT CONDITION .

ON THOSE GROUNDS ,

THE PRESIDENT ,

BY WAY OF INTERIM DECISION ,

HEREBY ORDERS AS FOLLOWS :

1 . ENFORCEMENT OF ARTICLE 8 OF THE COMMISSION ' S DECISION OF 2 DECEMBER 1981 ( IV/25.757 HASSELBLAD ) IS SUSPENDED , AS FAR AS THE APPLICANT IS CONCERNED , PROVIDED THAT IT PRODUCES TO THE COMMISSION , BY 30 JUNE 1982 , A CONTINUING AND IRREVOCABLE BANKER ' S GUARANTEE OF PAYMENT OF THE FINE GIVEN BY A BANK ESTABLISHED IN A MEMBER STATE OF THE EUROPEAN COMMUNITY .

2 . IF THAT CONDITION IS NOT SATISFIED BY THE AFORESAID DATE , THIS ORDER SHALL CEASE TO HAVE EFFECT ON THE SAME DATE .

3 . COSTS ARE RESERVED .