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; |