# C_2013156EN.01003401.xml

| 1.6.2013 | EN | Official Journal of the European Union | C 156/34 |
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1.6.2013

EN

Official Journal of the European Union

C 156/34

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Judgment of the General Court of 12 April 2013 — KODA v Commission

(Case T-425/08) (1)

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(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)

2013/C 156/59

Language of the case: Danish

Parties

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)

Applicant:

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)

Defendant:

Intervener in support of the defendant: International Federation of the Phonographic Industry (IFPI) (Zurich, Switzerland) (represented by: L. Uusitalo and L. Rechardt, lawyers)

Intervener in support of the defendant

Re:

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

Operative part of the judgment

The Court:

| 1. | 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; |
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1.

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;

| 2. | 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; |
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2.

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;

| 3. | Dismisses the remainder of the action; |
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3.

Dismisses the remainder of the action;

| 4. | 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; |
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4.

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;

| 5. | 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; |
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5.

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;

| 6. | Orders Koda and the Commission to each bear their own costs relating to the interim relief proceedings. |
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6.

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

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(1)  OJ C 327, 20.12.2008.

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