Order of the President of the Court of First Instance of 28 March 2007 – IBP and International Building Products France v Commission

(Case T‑384/06 R)

Applications for interim measures – Application for suspension of operation of a measure – Competition – Payment of a fine – Bank guarantee – Lack of urgency

1.                     Applications for interim measures – Conditions of admissibility – Direct connection between the action in the main proceedings and the appreciation for interim measures – Summary statement of pleas (Rules of Procedure of the Court of First Instance, Arts 44(1) and 104(2)) (see para. 33-37)

2.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not proceeding with immediate recovery of a fine – Conditions for granting – Exceptional circumstances (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 53-58, 61, 64, 66-68, 76-77)

3.                     Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not proceeding with immediate recovery of a fine – Whether the undertaking’s group situation to be taken into account (Art. 242 EC) (see paras 83-84, 86-87, 89, 91, 93, 95)

Re:

APPLICATION for suspension of the operation of Article 2(c) and (d) of the Commission Decision of 20 September 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 – Fittings) and, in particular, for dispensation from the obligation to provide a bank guarantee imposed by the Commission’s letter of 4 October 2006 notifying the applicants of the decision.

Operative part

The application for interim measures is dismissed.

Costs are reserved.