Case T-392/08 R: Order of the Judge hearing the application for Interim measures of 19 November 2008 — AEPI v Commission (Interim measures — Decision of the Commission ordering cessation of a concerted practice in connection with the collective management of author's rights — Application for stay of execution — Lack of urgency)
Date: 2008-11-19
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), broadcasting, copyright, infringement of EU law, intellectual property, satellite communications, summary procedure

7.2.2009

EN

Official Journal of the European Union

C 32/35

Order of the Court of First Instance of 25 November 2008
— Fastweb v Commission

Order of the Court of First Instance of 8 October 2008 —
Koinotita Grammatikou v Commission

(Case T-188/07) (1)

(State aid — Subsidised purchase of digital decoders — Tele-
communications — Commission decision declaring the aid to
be incompatible with the common market — Decision adopted
in the course of the present proceedings by the Member State
not to effect recovery of the aid from the company which
contested the Commission's decision in annulment proceedings
— No longer any interest in bringing proceedings — No need
to adjudicate)

(2009/C 32/66)

Language of the case: Italian

Parties

Applicant: Fastweb SpA (Milan, Italy) (represented by: M. Merola
and T. Ubaldi, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: B. Martenczuk, G. Conte and E. Righini, Agents)

(Case T-13/08) (1)

(Action for annulment — Cohesion Funds — Lack of direct
concern — Inadmissibility)

(2009/C 32/67)

Language of the case: Greek

Parties

Applicant: Koinotita Grammatikou (Greece)
M Chaïntarlis and A. Papakonstantinou, lawyers)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and L. Flynn, Agents)

Re:

Annulment of Commission Decision C(2004) 5509 of
21 December 2004 relating to the grant of assistance from the
Cohesion Fund for the project ‘Construction of a Landfill Site at
the Integrated Waste Management Facility of North-East Attica
at the location “Mavro Vouno Grammatikou”’.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Koinotita Grammatikou is ordered to pay the costs.

Interveners in support of the defendant: Sky Italia Srl (Rome, Italy)
(represented by: F. González Díaz and D. Gerard, lawyers); and
Centro Europa 7 Srl (Rome) (represented by: R. Mastroianni, F.
Ferraro and M. Condinanzi, lawyers)

(1) OJ C 79, 29.3.2008.

Re:

for

annulment

Application
Commission Decision
2007/374/EC of 24 January 2007 on State aid C 52/2005
(ex NN 88/2005, ex CP 101/2004) implemented by the Italian
Republic
subsidised purchase of digital decoders
for
(OJ 2007 L 147, p. 1).

the

of

Operative part of the order

Order of the Judge hearing the application for Interim
measures of 19 November 2008 — AEPI v Commission

(Case T-392/08 R)

(Interim measures — Decision of the Commission ordering
cessation of a concerted practice in connection with the collec-
tive management of author's rights — Application for stay of
execution — Lack of urgency)

(2009/C 32/68)

Language of the case: Greek

1. There is no longer any need to adjudicate on the present action.

2. Each party shall bear its own costs.

Parties

(1) OJ C 170 of 21.7.2007.

Applicant: AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis
Idioktisias AE (Athens, Greece) (represented by: P. Xanthopoulos
and T. Asprogerakas Grivas, lawyers)

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

C 32/36

EN

Official Journal of the European Union

7.2.2009

Re:

Application for a stay of execution of Article 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).

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the President of the Court of First Instance of
5 December 2008 — KODA v Commission

(Case T-425/08 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 32/70)

Language of the case: Danish

Parties

Applicant: KODA (Copenhagen, Denmark)
K. Dyekjær and J. Borum, lawyers)

(represented by:

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

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and N. Rasmussen, Agents)

(Case T-410/08 R)

Re:

(Application for interim measures — Commission decision
ordering the cessation of a concerted practice in relation to the
collective management of copyright — Application for suspen-
sion of operation of a measure — No urgency)

(2009/C 32/69)

Application for suspension of operation of Article 4(2) and (3)
of Commission Decision C(2008) 3435 final of 16 July 2008
relating to a proceeding pursuant
to Article 81 EC and
Article 53 EEA (Case COMP/C2/38.698 — CISAC).

Language of the case: German

Operative part of the order

Parties

Applicant: Gesellschaft
für musikalische Aufführungs- und
mechanische Vervielfältigungsrechte (GEMA) (Berlin, Germany)
(represented by: R. Bechtold and I. Brinker, lawyers, assisted by
Professor J. Schwarze)

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre, O. Weber and A. Antoniadis,
Agents)

Re:

Application for suspension of operation of the combined provi-
sions 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 EC and Article 53 of the EEA Agreement (Case
COMP/C2/38.698 — CISAC) in so far as they concern the appli-
cant.

1. The application for interim measures is dismissed.

2. The costs are reserved.

Order of the President of the Court of First Instance of
20 November 2008 — SIAE v Commission

(Case T-433/08 R)

(Application for interim measures — Commission decision
ordering the cessation of a concerted practice in relation to the
collective management of copyright — Application for suspen-
sion of operation of a measure — No urgency)

(2009/C 32/71)

Language of the case: Italian

Operative part of the order

Parties

1. The application for interim measures is dismissed.

2. Costs are reserved.

Applicant: Società Italiana degli Autori ed Editori (SIAE) (Rome,
Italy)
(represented by: M. Siragusa, M. Mandel, L. Vullo and
S. Valentino, lawyers)

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