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Order of the President of the Court of First Instance of 5 December 2008. # KODA v Commission of the European Communities. # 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. # Case T-425/08 R.
ECLI:EU:T:2008:551
62008TO0425
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(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)
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.