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:

   APPLICATION for suspension of operation of Article 4(2) and (3) of
   Commission Decision C(2008) 3435 final of 16 July 2008 relating to a
   proceeding pursuant to Article 81 EC and Article 53 EEA (Case
   COMP/C2/38.698 - CISAC).

   Operative part

   1.

   The application for interim measures is dismissed.

   2.

   Costs are reserved.