Judgment of the General Court (Sixth Chamber) of 12 April 2013 — Stim v Commission
(Case T‑451/08)
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Article 151(4) EC — Cultural diversity
1. Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — Amplification of an existing, closely linked plea — Distinction between: (1) challenge to the proof of the existence of a concerted practice; and (2) denial that it is restrictive in character — Inadmissibility (Art. 81(1) EC; Rules of Procedure of the General Court, Art. 48(2), first para.) (see paras 66-72)
2. Competition — Union rules — Application by the Commission — Obligation to take account of the objective of respecting and promoting cultural diversity (Arts 81 EC and 151(4) EC) (see paras 73, 87)
3. Agreements, decisions and concerted practices — Adverse effect on competition — Criteria for assessment — Partial restriction of competition on the basis that at least one form of competition is restricted — Sufficient (Art. 81(1) EC) (see para. 94)
4. Agreements, decisions and concerted practices — Prohibition — Exemption — Conditions — Cumulative nature — Burden of proof — Scope — Requirements connected with respect for and promotion of cultural diversity — No effect (Arts 81(3) EC and 151(4) EC; Council Regulation No 1/2003, Art. 2) (see paras 99-108)
Re:
| APPLICATION for annulment in part 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:
2. | | Orders Föreningen Svenska Tonsättares Internationella Musikbyrå u.p.a. (Stim) to pay the costs. |