Judgment of the General Court of 12 April 2013 – KODA v Commission
(Case T-425/08) 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: Danish
Parties
Applicant: Koda (Copenhagen, Denmark) (represented initially by K. Dyekjær and J. Borum, then by J. Borum and C. Karhula Lauridsen, and finally by J. Borum and G. Holtsø, lawyers)
Defendant: European Commission (represented initially by F. Castillo de la Torre and N. Rasmussen, then F. Castillo de la Torre and U. Nielsen, acting as Agents)
Intervener in support of the defendant: International Federation of the Phonographic Industry (IFPI) (Zurich, Switzerland) (represented by: L. Uusitalo and L. Rechardt, lawyers)
Re:
Application for annulment 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 Koda;
Annuls Article 4(2) and (3) of Commission Decision C(2008) 3435 final, to the extent that they refer to Article 3 of that decision, in so far as they concern Koda;
Dismisses the remainder of the action;
Orders the European Commission to bear its own costs and to pay the costs incurred by Koda, with the exception of the costs occasioned by the intervention;
Orders the International Federation of the Phonographic Industry (IFPI) to bear its own costs and to pay the costs incurred by Koda in connection with IFPI’s intervention;
Orders Koda and the Commission to each bear their own costs relating to the interim relief proceedings.
________________________1 OJ C 327, 20.12.2008.