Order of the President of the General Court of 29 July 2011 – Cemex and Others v Commission

(Case T-292/11 R)

Interim measures – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for suspension of operation – Lack of urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 16-17)

2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 22)

3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see para. 29)

4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Damage arising from a Commission decision rejecting a request not, on account of excessive workload, to communicate documents – Situation which could jeopardise the existence of the applicant company – None where damage of a purely hypothetical nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 23-24, 31-33)

5.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Loss capable of being subsequently remedied by means of an action for compensation – Not irreparable in character (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 40-41)

Re:

APPLICATION for suspension of operation of Commission Decision C(2001) 2360 final of 30 March 2011 in proceedings pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 – Cement and related products).

Operative part

1.

The application for suspension of operation is dismissed.

2.

Costs are reserved.