Judgment of the General Court of 12 April 2013 – SIAE v Commission
(Case T-433/08) 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: Italian
Parties
Applicant: Società italiana degli autori ed editori (SIAE) (Rome, Italy) (represented by: M. Siragusa, L. Vullo and S. Valentino, lawyers)
Defendant: European Commission (represented by: V. Di Bucci and F. Castillo de la Torre, 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 Società italiana degli autori ed editori (SIAE);
Annuls Article 4(2) of Commission Decision C(2008) 3435 final as regards SIAE;
Dismisses the remainder of the action;
Orders the European Commission to pay the costs relating to the main proceedings;
Orders SIAE and the Commission to each bear their own costs relating to the interim relief proceedings.
________________________1 OJ C 301, 22.11.2008.