Order of the President of the Court of Justice of 30 April 2010 -
   Ziegler v Commission

   (Case C-113/09 P(R))

   Appeal - Application for interim measures - Competition - Payment of a
   fine - Bank guarantee - Rejection of application for suspension of
   operation of a measure - Incorrect assessment of the conditions of
   urgency - Principles of equal treatment and of observance of the right
   to a fair hearing

   1.                     Applications for interim measures - Conditions
   of admissibility - Application - Formal requirements - Statement of the
   pleas establishing a prima facie case for the interim measures applied
   for (Arts 242 EC and 243 EC; Rules of Procedure of the General Court,
   Art. 104(2)) (see paras 13-17)

   2.                     Applications for interim measures - Procedure -
   Whether appropriate to hear the parties - Whether appropriate to admit
   further observations and documents after the end of the written or oral
   procedure - Discretion of the judge hearing the application for interim
   measures (Arts 242 EC and 243 EC; Statute of the Court of Justice, Art.
   39, first para., and Art. 53, first para.; Rules of Procedure of the
   General Court, Art. 105) (see paras 29-30, 34)

   3.                     Applications for interim measures - Formal
   requirements - Submission of applications (Arts 242 EC and 243 EC;
   Practice Directions to parties before the General Court, point 71) (see
   para. 33)

   4.                     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 not proceeding to
   immediate recovery of a fine imposed for breach of the competition
   rules - Conditions for granting - Exceptional circumstances (Art. 242
   EC; Rules of Procedure of the General Court, Art. 104(2)) (see paras
   43-48)

   Re:

   Appeal against the order of the President of the Court of First
   Instance of 15 January 2009 in Case T-199/08 R Ziegler v Commission ,
   rejecting for want of urgency the appellant's application to be
   released from the obligation to provide a bank guarantee as a condition
   for not proceeding to immediate recovery of the fine imposed by
   Commission Decision C(2008) 926 final of 11 March 2008 on a proceeding
   under Article 81 [EC] and Article 53 of the EEA Agreement concerning
   international removal services - Incorrect assessment of the conditions
   of urgency - Whether the appellant is likely to be caused serious,
   irreparable damage - Whether or not necessary to take into account the
   financial resources possessed by the group to which that party belongs
   - Breach of the obligation to state reasons and of the principles of
   equal treatment and of equality of arms.

   Operative part

   The Court:

   1.

   Dismisses the appeal;

   2.

   Orders Ziegler SA to pay the costs.