EuGH · C-113/09

Subject of the case Operative part Subject of the case Re: Appeal against the order of the President of the Court of First Instance of 15 January 2009 in Case T‑199/08 R Ziegler v Commission , rejecting for want of urgency the appellant’s application to be released from the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of the fine imposed by Commission Decision C(2008) 926 final of 11 March 2008 on a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement concerning international removal services – Incorrect assessment of the conditions of urgency – Whether the appellant is likely to be caused serious, irreparable damage – Whether or not necessary to take into account the financial resources possessed by the group to which that party belongs – Breach of the obligation to state reasons and of the principles of equal treatment and of equality of arms. Operative part Operative part The Court: 1. Dismisses the appeal; 2. Orders Ziegler SA to pay the costs.