Atlantic Container and others v Commission: ECFI 21 Jul 1999

ECFI 1 Article 104(2)of the Rules of Procedure of the Court of First Instance provides that applications for interim measures must state the circumstances giving rise to urgency and the pleas of fact and law establishing a prima facie case for the measures applied for. Those requirements are cumulative, so that an application for suspension of operation must be dismissed if one of them is not met. Where necessary, the court hearing an application for interim relief also balances the interests at stake.
2 An application for suspension of operation of a measure, the object of which is to obtain dispensation from the obligation to provide a bank guarantee as a condition for a fine not being recovered immediately, may be granted only in exceptional circumstances.
In order to assess the applicant’s ability to provide a bank guarantee without jeopardising its existence, account should also be taken of the group of undertakings to which it belongs directly or indirectly, particularly with regard to the possibility of providing the security which the banks might require.

Citations:

T-191/98, [1999] EUECJ T-191/98

Links:

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Cited by:

See AlsoAtlantic Container and others v Commission ECJ 30-Sep-2003
ECJ Competition – Liner conferences – Regulation (EEC) No 4056/86 – Block exemption – Individual exemption – Collective dominant position – Abuse – Service contracts – Accession to the conference – Alteration of . .
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European

Updated: 06 June 2022; Ref: scu.173590