Interim Measures Application

Interim Measures Application

Application of interim measures

The Commission cannot take interim measures “without having regard to the legitimate interests of the undertaking concerned 1 “. In other words, the Commission must respect the right to be heard of the prospective addressee of the decision.

More about Interim Measures Application

In order to adopt interim measures, the Commission must open proceedings pursuant to Article 2 of Regulation 773/2004.

More about the Subject

Article 27 of Regulation 1/2003 applies to interim measure cases so the undertaking against which interim measures may be adopted must, where the case permits, have the right to be heard and reply in writing to the Commission's objections. This means that the Commission must send a statement of objections to the prospective addressee of the interim measures (see also Article 10 of Regulation No 773/2004).

Other Considerations

Furthermore, under Article 27 of Regulation 1/2003, the undertaking has to be granted an oral hearing upon prior request, but in view of the urgency, Article 17(2) of the Implementing Regulation 773/2004 foresees shortened time-limits. Likewise, third parties who show sufficient interest to be heard should also be taken into consideration, and the Advisory Committee will also be consulted.


Article 8(2) of Regulation 1/2003 expressly stipulates that interim measures should apply “for a specified period of time”. However, this does not impose any absolute constraint on the Commission, since unlike the rules governing investigative power in other fields, Article 8(2) also provides that interim measures “may be renewed in so far as this is necessary and appropriate”.


The Commission decision ordering interim measures must be reasoned, and may be appealed before the European Courts.


Furthermore, should the undertakings concerned fail to comply with the Commission decision ordering interim measures, the Commission may be entitled to impose periodic penalty payments.


See Also


  • Information about Interim Measures Application in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)


[Note 1]
Case C-792/79 R Camera Care, [1980] ECR 119. paragraph 19.

Further Reading

  • Information about Interim Measures Application in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

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