Order of the President of the of the Court of First Instance of 30 June 2009 – Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission

(Case T-550/08 R)

Application for interim measures – Commission decision imposing a fine – Application for suspension of operation of the measure and interim relief (repayment of the fine already paid and waiver of a bank guarantee) – No prima facie case and no urgency

1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)

2.                     Application for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for not requiring immediate payment of a fine – Conditions for granting – Serious and irreparable damage (Art. 242 EC) (see paras 40-45)

Re:

APPLICATION for suspension of the operation of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement in Case COMP/39181 – Candle waxes, in so far as it imposes a fine on the applicant, application to release the applicant from the obligation to provide a bank guarantee as a condition for release from the obligation of payment, and other applications for interim measures.

Operative part

1.

The application for interim measures is dismissed.

2.

Costs are reserved.