Judgment of the General Court of 12 April 2013 – Performing Right Society v Commission

(Case T-421/08) 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: Performing Right Society Ltd (London, United Kingdom) (represented by: J. Rivas Andrés and M. Nissen, lawyers, and G.L. Eclair-Heath, Solicitor)

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

Intervener in support of the applicant: Sociedad General de Autores y Editores (SGAE) (Madrid, Spain) (represented by: R. Allendesalazar Corcho and R. Vallina Hoset, lawyers)

Interveners in support of the defendant: International Federation of the Phonographic Industry (IFPI) (Zurich, Switzerland) (represented by L. Uusitalo and L. Rechardt, lawyers); RTL Group SA (Luxembourg, Luxembourg); CLT-UFA SA (Luxembourg); Music Choice Europe Ltd (London); ProSiebenSat.1 Media AG (Unterföhring, Germany); Modern Times Group MTG AB (Stockholm, Sweden); Viasat Broadcasting UK Ltd (London); and Verband Privater Rundfunk und Telemedien eV (VPRT) (Berlin, Germany) (represented initially by M. Hansen, É. Barbier de La Serre, lawyers, and O. Zafar, Solicitor, then by M. Hansen, A.W. Weitbrecht, J. Ruiz Calzado, lawyers, and J.J. Kallaugher, Solicitor)

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:

Rejects the European Commission’s request for measures of organisation of procedure;

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 Performing Right Society Ltd;

Annuls Article 4(2) of Commission Decision C(2008) 3435 final, in so far as it refers to Article 3 of that decision, as regards Performing Right Society;

Dismisses the remainder of the action;

Orders Performing Right Society to bear half of its own costs, with the exception of the costs occasioned by the interventions in support of the Commission;

Orders Sociedad General de Autores y Editores (SGAE) to bear half of its own costs;

Orders the Commission to bear its own costs, to pay half of those incurred by Performing Right Society, with the exception of the costs occasioned by the interventions in support of the Commission, and to pay half of those incurred by SGAE;

Orders the International Federation of the Phonographic Industry (IFPI) to bear its own costs and to pay the costs incurred by Performing Right Society in connection with IFPI’s intervention;

Orders RTL Group SA, CLT-UFA, Music Choice Europe Ltd, ProSiebenSat.1 Media AG, Modern Times Group MTG AB, Viasat Broadcasting UK Ltd and Verband Privater Rundfunk und Telemedien eV to bear their own costs and to pay those incurred by Performing Right Society in connection with their interventions.

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¹ OJ C 313, 6.12.2008.