Orders (Information) nº T-433/08 of Court of First Instance of the European Communities, November 20, 2008

• Resolution Date: November 20, 2008
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-433/08

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...