Order of the President of the General Court of 10 June 2011 – Companhia Previdente v Commission

(Case T-414/10 R)

Interim measures – Competition – Commission decision imposing a fine – Bank guarantee – Application to suspend the operation of a measure – Financial loss – No exceptional circumstances – No urgency

1.                     Application for interim measures – Suspension of operation of a measure – Suspension 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 rules – Conditions for granting – Exceptional circumstances – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 21-23, 25-30, 43)

2.                     Application for interim measures – Suspension of operation of a measure – Suspension 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 rules – Conditions for granting – Exceptional circumstances – Taking account of the situation of the group to which the undertaking belongs and of its shareholders – Burden of proof (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 35-37, 41-42)

3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court; Art. 104(2)) (see para. 52)

Re:

APPLICATION to suspend the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 – Pre-stressing steel) and to dispense the applicant from the obligation to establish a bank guarantee so as to avoid immediate recovery of the fine imposed under Article 2 of that decision.

Operative part

1.The application for interim measures is dismissed.

2.Costs are reserved.