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

(Case T-392/08) 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 societies – Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences – Proof – Presumption of innocence)

Language of the case: Greek

Parties

Applicant: AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE (Athens, Greece) (represented initially by P. Xanthopoulos and T. Asprogerakas Grivas, then T. Asprogerakas Grivas, lawyers)

Defendant: European Commission (represented by: T. Christoforou and F. Castillo de la Torre, acting as Agents, assisted initially by M. Moustakali, then S. Dempegiotis, 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 AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE;

Annuls Article 4 of Commission Decision C(2008) 3435 final, to the extent that it refers to Article 3 of that decision, in so far as it concerns AEPI;

Dismisses the remainder of the action;

Orders the European Commission to bear its own costs and pay one half of AEPI’s costs;

Orders AEPI to bear one half of its own costs;

Orders the Commission and AEPI to each bear their own costs relating to the interim relief proceedings.

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¹ OJ C 301, 22.11.2008.