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Document 62008TO0433
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.
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.
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.
European Court Reports 2008 II-00282*
ECLI identifier: ECLI:EU:T:2008:520
- Date of document:
- 20/11/2008
- Date lodged:
- 31/10/2008
- Author:
- General Court
- Country or organisation from which the request originates:
- Italy
- Form:
- Order
- Authentic language:
- Italian
- Type of procedure:
- Application for interim measures, Action for annulment
- Applicant:
- Individual
- Defendant:
- EU institutions and bodies, European Commission
- Judge-Rapporteur:
- Moavero Milanesi
- Treaty:
- Treaty establishing the European Economic Community
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
-
- 11997E225-P1: N 23
- 11997E242: N 23 26
- 11997E243: N 23
- 31991Q0530-A104P2: N 24
- 52008XC1218(02): N 1 36 - 52
- 61990TJ0024: N 37
- 61995CO0149: N 25
- 61996CO0268: N 24
- 61998CO0377: N 26
- 61998TO0073: N 35 47
- 61998TO0191(02): N 26
- 62000TO0236: N 49
- 62000TO0241: N 35
- 62001CJ0091: N 39
- 62001CO0404: N 42
- 62001TO0195: N 51
- 62001TO0196: N 35
- 62001TO0306: N 49
- 62003TO0047: N 41
- 62005TO0085: N 49
- 62006CO0459: N 25
- Subject matter:
- Case law directory code:
-
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. |
