CELEX: 62008TO0433
Language: en
Date: 2008-11-20 00:00:00
Title: Order of the President of the Court of First Instance of 20 November 2008. # Società Italiana degli Autori ed Editori (SIAE) v Commission of the European Communities. # Application for interim measures - Commission decision ordering the 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-433/08 R.

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 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 23-26)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Financial loss – Burden of proof – Realisation of the damage depending on future and uncertain events
            (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 35, 43-47)
      3.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Financial loss – Uncertainty concerning reparation of the damage in the context of a possible action
            for damages (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 42)
      4.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Financial loss – Substantial and irreversible alteration of market conditions – Criteria for assessment
            – Burden of proof (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48-51)
      Re: 
      
         
               APPLICATION for suspension of operation of Article 4(2) 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).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.