Case T-411/08 R: Order of the President of the Court of First Instance of 14 November 2008 — Artisjus v Commission (Applications for interim measures — Commission decision ordering the cessation of a concerted practice in connection with the collective management of copyright — Application for suspension of operation of a measure — No urgency)
Date: 2008-11-14
Institutions: Court of First Instance
Subjects: European Community, Hungary, action for annulment (EU), competition, copyright, intellectual property, sectoral planning

21.3.2009

EN

Official Journal of the European Union

C 69/39

Order of the President of the Court of First Instance of
14 November 2008 — Artisjus v Commission

Form of order sought by the appellant

(Case T-411/08 R)

(Applications for interim measures — Commission decision
ordering the cessation of a concerted practice in connection
with the collective management of copyright — Application
for suspension of operation of a measure — No urgency)

(2009/C 69/90)

Language of the case: English

Parties

Applicant: Artisjus Magyar Szerzői
(Budapest, Hungary)
and P. Vörös, lawyers)

Jogvédő Iroda Egyesület
(represented by: Z. Hegymegi-Barakonyi

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and V. Bottka, acting as Agents)

Re:

Application for suspension of operation of Articles 3 and 4(2)
and (3) of Commission Decision C(2008) 3435 final of 16 July
2008 relating to a proceeding under Article 81 of the EC Treaty
and Article 53 of the EEA Agreement (Case COMP/C2/38.698
— CISAC) in so far as they relate to the applicant.

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Appeal brought on 12 January 2009 by Georgi Kerelov
against the judgment of the Civil Service Tribunal delivered
on 29 November 2007 in Case F-19/07 Kerelov v
Commission

(Case T-60/08 P)

(2009/C 69/91)

Language of the case: French

Parties

— Annul the judgment of the European Union Civil Service
Tribunal of 29 November 2007 in Case F-19/07 Kerelov v
Commission;

— admit

the pleadings submitted by the appellant at

first

instance;

— order the respondent to pay all the costs.

Pleas in law and main arguments

By the present appeal, the appellant seeks annulment of the
judgment of the Civil Service Tribunal (CST) of 29 November
2007 delivered in Case F-19/07 Kerelov v Commission, dismissing
the action by which the appellant sought, on the one hand,
the selection board of open
annulment of
competition EPSO/AD/43/06 not to include him on the reserve
list of that competition and to exclude him therefrom, and, on
the other, damages in compensation for
the loss allegedly
suffered.

the decisions of

In support of his appeal, the appellant relies on ten pleas in law,
alleging:

— breach of the principles governing the administrative proce-
dure with regard to proof, since the CST reversed the burden
of proof;

— breach of the principle of an adversarial process, since the
CST did not give the appellant sufficient time to take a posi-
tion on the new documents added to the file;

— breach of the principle of the public nature of the proceed-
ings, since the CST did not hold a fresh hearing following
the lodging of new documents;

— breach of the duty of impartiality, since the CST did not

take the steps necessary to examine the file;

— an error in law, since the CST held that the selection board,
not the Director of the European Personnel Selection Office
(EPSO), has the power to exclude a candidate;

— an error in law, since the CST considered that prohibition
on contact between competition candidates and members of
the selection board ends upon publication of the reserve list
in the Official Journal of the European Union, and not when
the selection board completes its work;

— breach of the relevant principles of administrative law by
confirming the decision of the selection board of 2 February
2007 to exclude the appellant from the competition, since:

— the original version of that decision was not added to

Appellant: Georgi Kerelov (Pazardzhik, Bulgaria) (represented by
A. Kerelov, lawyer)

the file;

Other party to the proceedings: Commission of
Communities

the European

— that decision does not contain factual grounds suffi-
ciently precise for its addressee to be aware of the exact
facts on which it was based; and