Judgment — ECLI:EU:T:2013:177
Date: 2013-04-12
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Portugal

Judgment of the General Court of 12 April 2013 – Sociedade Portuguesa de Autores v Commission (Case T-417/08) 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: English Parties Applicant: Sociedade Portuguesa de Autores CRL (Lisbon, Portugal) (represented by: M. Favart, lawyer) Defendant: European Commission (represented by: F. Castillo de la Torre and A. Biolan, acting as Agents) Interveners in support of the applicant: International Confederation of Societies of Authors and Composers (CISAC) (Neuilly-sur-Seine, France) (represented by J.-F. Bellis and K. Van Hove, lawyers); and European Broadcasting Union (EBU), (Grand-Saconnex, Switzerland) (represented by D. Slater, Solicitor, and D. Waelbroeck, lawyer) 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 Sociedade Portuguesa de Autores CR; Dismisses the remainder of the action; Orders the European Commission to pay the costs. ____________ ____________ 1 OJ C 313, 6.12.2008.