Order of the President of the Court of First Instance of 5 December 2008 – KODA v Commission
(Case T-425/08 R)
Application for interim measures – Commission decision ordering the cessation of a concerted practice in connection with 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 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 – Burden of proof – Realisation of the damage depending on future and uncertain events (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 39-40, 55-58, 64)
Re:
| APPLICATION for suspension of operation of Article 4(2) and (3) of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding pursuant to Article 81 EC and Article 53 EEA (Case COMP/C2/38.698 – CISAC). |
Operative part
1. | | The application for interim measures is dismissed. |