Judgment of the General Court of 12 April 2013 – Tono v Commission
(Case T-434/08) 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: Tono (Oslo, Norway) (represented by: S. Teigum and A. Ringnes, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and J. Bourke, acting as Agents)
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 Tono;
Dismisses the remainder of the action;
Orders the European Commission to pay the costs in the main proceedings;
Orders Tono and the Commission to each bear their own costs relating to the proceedings for interim relief.
________________________1 OJ C 313, 6.12.2008.