Order of the President of the General Court of 29 July 2011 - Holcim
   (Deutschland) and Holcim v Commission

   (Case T-293/11 R)

   Interim relief - Competition - Request for information - Article 18(3)
   of Regulation (EC) No 1/2003 - Application for stay of execution - 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 - 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 12-13)

   2.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Urgency - Serious
   and irreparable damage - Burden of proof - Realisation of the damage
   depending on future and uncertain events - Lack of urgency (Art. 278
   TFEU) (see paras 19-20)

   3.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Serious and
   irreparable damage - Request for information of the Commission based on
   Article 18(4) of Regulation No 1/2003 - Possibility of the Commission
   imposing penalty payments and fines in case of non-compliance with the
   deadline for sending the information - Realisation of the damage
   hypothetical in nature (Art. 278 TFEU; Council Regulation No 1/2003,
   Arts 18(4) and 23(1)(b)) (see paras 21-23)

   4.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Serious and
   irreparable damage - Damage arising from possible unlawful use of data
   obtained in the context of a request for information of the Commission
   based on Article 18(4) of Regulation No 1/2003 - None (Arts 101 TFEU,
   102 TFEU and 278 TFEU; Council Regulation No 1/2003, Art. 18(4)) (see
   paras 25-26)

   Re:

   APPLICATION for a stay of execution of Commission Decision C(2011) 2363
   final of 31 March 2011 concerning a proceeding 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 interim relief is dismissed.


   2.Costs are reserved.