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; |