«(Application for interim measures – Admissibility – Competition – Publication of a decision to impose a fine – No urgency)»

1.. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Urgency – Cumulative requirements – Order of examination and method of verification – Discretion of the court hearing an application for interim measures (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

2.. Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility – Admissibility prima facie of the main action (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1))

3.. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

4.. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Pecuniary damage – Situation that could endanger the existence of the applicant company (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE 7 November 2003 (1)

((Interim proceedings – Admissibility – Competition – Publication of a decision to impose fines – No urgency))

In Case T-198/03 R,

applicant,

v

defendant,

APPLICATION for suspenson of the operation of the decision of the Commission's hearing officer of 5 May 2003 to publish the non-confidential version of the Commission's decision of 11 June 2002 in Case COMP/36.571/D-1 ─ Austrian Banks ( Lombard Club),

THE PRESIDENT OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES

makes the following

Admissibility

Arguments of the parties

Assessment by the judge hearing the application for interim measures

Urgency

Arguments of the parties

Assessment by the judge hearing the application for interim measures

On those grounds,

THE PRESIDENT OF THE COURT OF FIRST INSTANCE

hereby orders:

Luxembourg, 7 November 2003.

H. Jung

B. Vesterdorf

Registrar

President