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:

Operative part