Order of the President of the General Court of 15 July 2011 - Fapricela
   v Commission

   (Case T-398/10 R)

   Application for interim measures - Competition - Decision of the
   Commission imposing a fine - Bank guarantee - Application to suspend
   operation - Financial damage - Lack of exceptional circumstances - Lack
   of urgency

   1.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Serious and irreparable damage - Burden of proof - Financial loss -
   Situation which could jeopardise the existence of the applicant company
   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
   Art. 104(2)) (see paras 15-17)

   2.                     Applications 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 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 22-24)

   3.                     Applications for interim measures - Suspension
   of operation of a measure - Suspension of the obligation to constitute
   a bank guarantee as a condition for not requiring immediate recovery of
   a fine - Conditions for granting - Exceptional circumstances - Burden
   of proof - Refusal of banks to provide such a bank guarantee -
   Admissibility as evidence of an objective impossibility of obtaining
   such a financial instrument - Duty to provide concrete and precise
   indications supported by detailed and certified documentary evidence
   (Art. 278 TFEU; Rules of Procedure of the General Court, Art. 104(2))
   (see paras 26-28)

   4.                     Applications 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 - Conditions for granting - Exceptional
   circumstances - Taking into account of the position 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 31-32, 34-35)

   5.                     Applications 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. 43)

   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), inter alia in so far as it imposes the obligation
   to set up a bank guarantee in order 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.