Order of the President of the General Court of 29 July 2011 - Cemex and
   Others v Commission

   (Case T-292/11 R)

   Interim measures - Competition - Request for information - Article
   18(3) of Regulation (EC) No 1/2003 - Application for suspension of
   operation - Lack of 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 - Order of examination and method of verification -
   Discretion of the court hearing the application for interim relief
   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
   Art. 104(2)) (see paras 16-17)

   2.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Serious and irreparable damage - Burden of proof - Financial loss
   (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court,
   Art. 104(2)) (see para. 22)

   3.                     Applications for interim measures - Suspension
   of operation of a measure - Interim measures - Conditions for granting
   - Serious and irreparable damage - Contested measure infringing a
   superior rule of law - Condition not automatically fulfilled - Burden
   of proof (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General
   Court, Art. 104(2)) (see para. 29)

   4.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Serious and
   irreparable damage - Damage arising from a Commission decision
   rejecting a request not, on account of excessive workload, to
   communicate documents - Situation which could jeopardise the existence
   of the applicant company - None where damage of a purely hypothetical
   nature (Art. 278 TFEU; Rules of Procedure of the General Court, Art.
   104(2)) (see paras 23-24, 31-33)

   5.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Serious and
   irreparable damage - Burden of proof - Financial loss - Situation which
   could jeopardise the existence of the applicant company - Loss capable
   of being subsequently remedied by means of an action for compensation -
   Not irreparable in character (Art. 278 TFEU; Rules of Procedure of the
   General Court, Art. 104(2)) (see paras 40-41)

   Re:

   APPLICATION for suspension of operation of Commission Decision C(2001)
   2360 final of 30 March 2011 in proceedings pursuant to Article 18(3) of
   Council Regulation (EC) No 1/2003 (Case COMP/39.520 - Cement and
   related products).

   Operative part

   1.

   The application for suspension of operation is dismissed.

   2.

   Costs are reserved.