Order of the President of the General Court of 12 July 2011 - Emme v
   Commission

   (Case T-422/10 R)

   Interim measures - Competition - Commission decision imposing a fine -
   Bank guarantee - Application to suspend the operation of a measure -
   Financial loss - No exceptional circumstances - No 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 - Balancing of all the interests involved - Order of
   examination and method of verification - Discretion of the court
   hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU
   and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2))
   (see paras 11-13)

   2.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Serious and
   irreparable damage - Burden of proof - Financial loss - Risk of
   insolvency (Art. 278 TFEU; Rules of Procedure of the General Court,
   Art. 104(2)) (see paras 16-18)

   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 imposed for breach of the competition rules - Conditions for
   granting - Exceptional circumstances - Whether account to be taken of
   the situation of the group to which the undertaking belongs and of its
   shareholders (Art. 278 TFEU; Rules of Procedure of the General Court,
   Art. 104(2)) (see paras 22-37)

   Re:

   APPLICATION to suspend the operation of Article 2 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 - Prestressing steel) and to dispense the applicant from
   the obligation to provide a bank guarantee so as 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.