Language of document : ECLI:EU:T:2008:504





Order of the President of the Court of First Instance of 14 November 2008 – SACEM v Commission

(Case T-422/08 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 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 (Arts 225(1) 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 (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 37-38, 47, 51)

Re:

APPLICATION for suspension of operation 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.