CELEX: 62008TO0425
Language: en
Date: 2008-12-05 00:00:00
Title: Order of the President of the Court of First Instance of 5 December 2008. # KODA v Commission of the European Communities. # Application 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. # Case T-425/08 R.

Order of the President of the Court of First Instance of 5 December 2008 – KODA v Commission
      (Case T-425/08 R)
      Application 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
      
      1.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima
            facie case – Urgency – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing
            with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
            Art. 104(2)) (see paras 22-25)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Financial loss – Burden of proof – Realisation of the damage depending on future and uncertain
            events (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 39-40, 55-58, 64)
      Re:
      
         
               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).
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The application for interim measures is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Costs are reserved.