Judgment of the General Court of 12 April 2013 – CISAC v Commission

(Case T-442/08) ¹

(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 – Proof – Presumption of innocence)

Language of the case: English

Parties

Applicant: International Confederation of Societies of Authors and Composers (CISAC) (Neuilly-sur-Seine, France) (represented by: J.-F. Bellis and K. Van Hove, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and A. Biolan, acting as Agents)

Intervener in support of the applicant: European Broadcasting Union (EBU) (Grand-Saconnex, Switzerland) (represented by D. Slater and D. Waelbroeck, lawyers)

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 of the judgment

The Court:

Annuls Article 3 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), in so far as it concerns the International Confederation of Societies of Authors and Composers (CISAC);

Orders the European Commission to pay the costs.

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¹ OJ C 82, 4.4.2009.