CJEC, president, May 7, 1982, No 86-82 R

Application to suspend the enforcement of a Commission decision pursuant to article 185 and the fourth paragraph of article 192 of the EEC treaty and article 83 of the rules of procedure,

1. Article 185 of the EEC treaty provides that actions brought before the court of justice do not have suspensory effect. The Court may, however, if circumstances so require, order that application of the contested act be suspended. Article 86 (2) of the rules of procedure provides that enforcement of the order may be made conditional on the lodging by the applicant of security, of an amount and nature to be fixed in the light of the circumstances.

2. In this application for the adoption of interim measures, the applicant seeks the suspension of the obligation to pay the fine imposed on it. Article 8 of the operative part of the contested decision provides that in the event of an appeal to the court of justice by one of the undertakings fined, the recovery of the fine imposed on that undertaking is to be suspended on condition that it provides a banker's guarantee for the amount involved.

3. The circumstances upon which the Commission bases its departure from its former practice regarding suspension of the recovery of fines, in the event of an appeal by the undertaking in question, justify its new approach. Accordingly, save in exceptional circumstances, suspension of enforcement must be made conditional on the provision of a guarantee.

4. The information supplied by the applicant with regard to its situation, regard being had to the group of undertakings to which it belongs, does not show that there exist exceptional circumstances in this case such as to justify the granting of a suspension without the provision of a guarantee. It is, however, proper to grant the applicant a reasonable period within which to satisfy that condition.

On those grounds,

THE PRESIDENT,

By way of interim decision,

Hereby orders as follows:

1. Enforcement of article 8 of the Commission's decision of 2 December 1981 (IV/25.757 Hasselblad) is suspended, as far as the applicant is concerned, provided that it produces to the Commission, by 30 June 1982, a continuing and irrevocable banker's guarantee of payment of the fine given by a bank established in a member state of the European community.

2. If that condition is not satisfied by the aforesaid date, this order shall cease to have effect on the same date.

3. Costs are reserved.