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Document 62008TO0410

    Order of the President of the Court of First Instance of 14 November 2008.
    Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) 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-410/08 R.

    European Court Reports 2008 II-00268*

    ECLI identifier: ECLI:EU:T:2008:502





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

    (Case T-410/08 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 (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 43-44, 48, 71)

    Re:

    APPLICATION for suspension of operation of the combined provisions of Articles 3 and 4(2) and (3) 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) in so far as they concern the applicant.

    Operative part

    The Court:

    1.

    Dismisses the application for interim measures;

    2.

    Reserves the costs.

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