[1]Avis juridique important
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                                 61998B0191(01)

   Order of the President of the Court of First Instance of 15 December
   1999. - Cho Yang Shipping Co. Ltd v Commission of the European
   Communities. - Competition - Payment of a fine - Bank guarantee -
   Proceedings for interim relief - Urgency - Interim measures. - Case
   T-191/98 R II.
   European Court reports 1999 Page II-03909

   [2]Summary

Keywords

   1 Applications for interim measures - Suspension of operation of a
   measure - Interim measures - Conditions for granting - Urgency -
   Imminent risk of serious and irreparable damage - Meaning

   (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First
   Instance, Art. 104(2))

   2 Applications for interim measures - Suspension of operation of a
   measure - Suspension of operation of the obligation to provide a bank
   guarantee as a condition for postponing recovery of a fine for
   infringement of the competition rules - Necessary to balance the
   various interests at stake

   (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art.
   104(2))

Summary

   1 In order for the condition for granting the suspension of operation
   of a measure or interim relief requiring the existence of a risk that
   the applicant will suffer serious and irreparable damage, it is not
   necessary to establish with absolute certainty that the harm is
   imminent. It is sufficient that the harm in question, particularly when
   it depends on the occurrence of a number of factors, should be
   foreseeable with a sufficient degree of probability.

   2 When hearing an application for suspension of operation of the
   obligation under which an undertaking must provide the Commission with
   a bank guarantee in order for the recovery of a fine for infringement
   of the competition rules to be postponed, the Court must balance the
   various interests at play, in particular the Commission's interest in
   being able to recover the fine should the main action be dismissed and,
   more generally, the public interest in maintaining the deterrent effect
   of fines imposed by the Commission.

References

   1. file:///../editorial/legal_notice.htm
   2. file:///tmp/lynxXXXX2TCAeT/L102421-7503TMP.html#SM