# C_2005205EN.01002902.xml

| 20.8.2005 | EN | Official Journal of the European Union | C 205/29 |
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20.8.2005

EN

Official Journal of the European Union

C 205/29

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Action brought on 15 June 2005 by AEPI A.E. against the Commission of the European Communities

(Case T-229/05)

(2005/C 205/53)

Language of the case: Greek

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 15 June 2005 by Elliniki Etairia pros Prostasian tis Pnevmatikis Idioktisias, a company established in Maroussi, Attica, represented by T. Asprogerakas-Grivas, lawyer.

The applicant claims that the Court should:

| — | annul the contested measure of the European Commission as unlawful and declare that the entire policy applied by the companies complained of, which manage related rights, infringes Community law; |
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annul the contested measure of the European Commission as unlawful and declare that the entire policy applied by the companies complained of, which manage related rights, infringes Community law;

| — | uphold in its entirety the applicant's complaint under reference 2001/4372,56(2001)A/3603/2 rejected by the contested measure; |
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uphold in its entirety the applicant's complaint under reference 2001/4372,56(2001)A/3603/2 rejected by the contested measure;

| — | order the European Commission to pay the costs of the proceedings and the fees of the applicant's lawyer. |
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order the European Commission to pay the costs of the proceedings and the fees of the applicant's lawyer.

Pleas in law and main arguments

The applicant, which is a company for the collective management of musical intellectual-property rights in Greece, lodged a complaint with the European Commission alleging infringement of Articles 81 and 82 EC by the companies Erato, Apollon and Grammo, which are responsible for the management of related rights of, respectively, singers, musicians who play an instrument, and record companies and producers. In its complaint, the applicant maintained that those companies, which hold a monopoly in Greece over related rights in the foregoing sectors, acting in concert set very high charges in respect of related rights, with the result that many entertainment undertakings, not being able to pay them, stopped using music in their premises and writers of music, members of the applicant, were also deprived of their intellectual property rights.

The applicant seeks the annulment of the Commission decision which rejected its complaint. It submits that the Commission mistakenly considered that there was no risk of misfunctioning of the common market because all the parties involved were established in Greece. According to the applicant, the mere fact that an infringement of the competition rules occurs exclusively within just one Member State is not sufficient for the infringement to be considered insubstantial. The applicant further submits that the Commission failed to examine all the grounds of the complaint lodged. Finally, the applicant pleads that the infringement relied upon may affect inter-State trade.

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