Order of the President of the Court of First Instance of 14 November 2008 – Stowarzyszenie Autorów ZAiKS v Commission

(Case T-398/08 R)

Application for interim measures – Application for suspension of operation of a measure – Disregard of formal requirements – Inadmissibility

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 21-23)

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 26-27)

3.                     Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 28-29,40-42)

Re:

APPLICATION for suspension of the operation of Article 3 in conjunction with Article 4(2) and (3) of Decision C(2008) 3435 final of the Commission of 16 July 2008 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/C2/38.698 – CISAC), to the extent that the applicant is affected.

Operative part

The Court:

1.

Dismisses the application for interim measures;

2.

Reserves the costs.