CELEX: 62008TO0392
Language: en
Date: 2008-11-19 00:00:00
Title: Order of the Court of First Instance (judge hearing the application for interim measures) of 19 November 2008. # Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE v Commission of the European Communities. # Interim measures - Decision of the Commission ordering cessation of a concerted practice in relation to the collective management of copyright - Application for suspension of operation of a measure - No urgency. # Case T-392/08 R.

Order of the Judge hearing the application for interim measures of the Court of First Instance 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 relation to 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 (Art. 225(1) EC, 242 EC and 243
            EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-23)
      2.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency
            – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance,
            Art. 104(2)) (see paras 40-45)
      Re:
      
         
               APPLICATION for suspension of operation 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
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.