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 Procedure of the Court of First
   Instance, Art. 104(2)) (see para. 42)

   4.                     Applications for interim measures - Suspension
   of operation of a measure - Conditions for granting - Urgency - Serious
   and irreparable damage - Financial loss - Substantial and irreversible
   alteration of market conditions - Criteria for assessment - Burden of
   proof (Art. 242 EC; Rules of Procedure of the Court of First Instance,
   Art. 104(2)) (see paras 48-51)

   Re:

   APPLICATION for suspension of operation of Article 4(2) 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).

   Operative part

   The Court:

   1.

   Dismisses the application for interim measures;

   2.

   Reserves the costs.