Order of the President of the Court of Justice of 30 April 2010 – Ziegler v Commission

(Case C‑113/09 P(R))

Appeal – Application for interim measures – Competition – Payment of a fine – Bank guarantee – Rejection of application for suspension of operation of a measure – Incorrect assessment of the conditions of urgency – Principles of equal treatment and of observance of the right to a fair hearing

1. Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas establishing a prima facie case for the interim measures applied for (Arts 242 EC and 243 EC; Rules of Procedure of the General Court, Art. 104(2)) (see paras 13-17)

2. Applications for interim measures – Procedure – Whether appropriate to hear the parties – Whether appropriate to admit further observations and documents after the end of the written or oral procedure – Discretion of the judge hearing the application for interim measures (Arts 242 EC and 243 EC; Statute of the Court of Justice, Art. 39, first para., and Art. 53, first para.; Rules of Procedure of the General Court, Art. 105) (see paras 29-30, 34)

3. Applications for interim measures – Formal requirements – Submission of applications (Arts 242 EC and 243 EC; Practice Directions to parties before the General Court, point 71) (see para. 33)

4. Applications for interim measures – Suspension of operation of a measure – Suspension of operation of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine imposed for breach of the competition rules – Conditions for granting – Exceptional circumstances (Art. 242 EC; Rules of Procedure of the General Court, Art. 104(2)) (see paras 43-48)

Re:

Operative part

The Court:

1.Dismisses the appeal;

2.Orders Ziegler SA to pay the costs.