CFI, April 30, 2008, No T-65/08 R

Order of the President of the Court of First Instance of 30 April 2008 – Spain v Commission

(Case T-65/08 R)

Interim proceedings – Control of concentrations – Article 21 of Council Regulation (EC) No 139/2004 – Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market – Application for stay of execution – Prima facie case – Lack of urgency – Balance of interests

1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 19-20)

2.                     Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a decision requiring a Member State to withdraw the conditions imposed on an undertaking – Conditions for granting – Prima facie case (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 62)

3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 71-74, 80)

4.                     Applications for interim measures – Interim measures – Conditions for granting – Balancing of all the interests involved (Art. 242 EC) (see paras 82-86)

Re:

Operative part

The Court: