«(Appeal – Procedure for interim relief – Competition – Payment of fine – Bank guarantee – Balancing of interests)»

1.. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Serious and irreparable harm – Balancing of all the interests involved – Discretion of the judge hearing the application for interim measures (Arts 242 EC and 243 EC; Rules of Procedure of the Court, Art. 83(2); Rules of Procedure of the Court of First Instance, Art. 104(2))

2.. Applications for interim measures – Suspension of operation of a measure – Suspension of the obligation to provide a bank guarantee as a condition for non-enforcement of the right to immediate payment of a fine – Conditions for granting – Exceptional circumstances – Judge's discretion as to whether to balance the interests – Applicant undertaking in liquidation – Risk of irreversible harm to the Community's interests (Art. 242 EC)

3.. Appeal – Grounds of appeal – Incorrect assessment of the facts – Inadmissible – Application in the case of an appeal against an interlocutory order – Not possible, unless the clear sense of the evidence has been distorted, to challenge the balancing of interests (Art. 225 EC; Statute of the Court of Justice, Arts 57 and 58)

ORDER OF THE PRESIDENT OF THE COURT 24 July 2003 (1)

((Appeal – Procedure for interim relief – Competition – Payment of fine – Bank guarantee – Balancing of interests))

In Case C-233/03 P(R),

appellant,

APPEAL against the order of the President of the Court of First Instance of the European Communities of 27 March 2003 in Case T-398/02 R

the other party to the proceedings being:

THE PRESIDENT OF THE COURT

after hearing Advocate General Mischo, makes the following

The first plea in law

The second plea in law

On those grounds,

THE PRESIDENT OF THE COURT

hereby orders:

Luxembourg, 24 July 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President