Order — ECLI:EU:C:2010:473
Date: 2010-08-31
Language of the case: English
Court formation: President of the Chamber
Subject matter: Competition
Procedure: Action for annulment;Appeal - unfounded;Application for interim measures
Origin: Hungary

Order of the President of the Court on 31 August 2010 – Artisjus v Commission (Case C‑32/09 P(R)) Appeal – Application for interim measures – Management of copyright – Commission decision – Cessation of a concerted practice – Suspension of operation of the decision 1. Appeals – Grounds – Inadequate statement of reasons (see para. 17) 2. Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58) (see para. 31) 3. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Burden of proof (Arts 278 TFEU and 279 TFEU) (see para. 33) Re: Appeal against the order of the President of the Court of First Instance (Seventh Chamber) of 14 November 2008 in Case T-411/08 R Artisjus Magyar Szerzöi Jogvédö Iroda Egyesület v Commission of the European Communities , dismissing an application for suspension of the operation of Commission Decision C(2008) 3435 final of 16 July 2008, relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/C2/38.698 – CISAC), concerning an agreement in connection with the conditions of management and licensing of public performance rights for musical works by collecting societies relating to the use, in reciprocal representation agreements, of the membership restrictions contained in the model contract of the International Confederation of Societies of Authors and Composers (‘the CISAC model contract’), or the de facto application of those membership restrictions – Necessity of demonstrating circumstances establishing urgency. Operative part 1. The appeal is dismissed. 2. The appellant is ordered to pay the costs.