Order of the President of the Court of First Instance of 29 October
   2009 - Novácke chemické závody v Commission

   (Case T-352/09 R)

   Interim measures - Competition - Commission decision imposing a fine -
   Bank guarantee - Application for suspension of enforcement of a measure
   - Lack of urgency

   1.                     Application for interim measures - Suspension of
   operation of a measure - Interim measures - Conditions for granting -
   Prima facie case - Urgency - Cumulative nature - Balancing of all the
   interests involved - Order of examination and method of verification -
   Discretion of the court hearing 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 12-15)

   2.                     Application for interim measures - Suspension of
   operation of a measure - Interim measures - Conditions for granting -
   Urgency - Serious and irreparable damage - Situation which could
   jeopardise the existence of the applicant company - Damage having
   already arisen at the time of the adoption of the decision by the court
   hearing the application for interim measures - Lack of urgency (Arts
   242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
   Art. 104(2)) (see paras 38-44)

   3.                     Application for interim measures - Suspension of
   operation of a measure - Interim measures - Conditions for granting -
   Urgency - Serious and irreparable damage - Applicant company losing an
   opportunity for redress - Purely hypothetical damage depending on the
   occurrence of future and uncertain events - Lack of urgency (Arts 242
   EC and 243 EC; Rules of Procedure of the Court of First Instance, Art.
   104(2)) (see paras 49-51)

   4.                     Application for interim measures - Interim
   measures - Exemption from the obligation to constitute a bank guarantee
   as a condition for fine not being recovered immediately - Conditions
   for granting - Exceptional circumstances - Assessment having regard to
   the situation of the group to which the applicant company belongs -
   Burden of proof (Art. 243 EC; Rules of Procedure of the Court of First
   Instance, Art. 104(2)) (see paras 52-59)

   Re:

   APPLICATION for suspension of enforcement of the Commission decision of
   22 July 2009 relating to a proceeding under Article 81 EC and
   Article 53 of the EEA Agreement (Case COMP/39.396 - Calcium carbide and
   magnesium-based reagents for the steel and gas industries), in so far
   as it concerns the applicant.

   Operative part

   1.

   The application for interim measures is dismissed.

   2.

   Costs are reserved.