Case T-417/08: Action brought on 29 September 2008 — SPA v Commission
Date: 2008-09-29
Institutions: Court of First Instance
Subjects: European Community, Portugal, action for annulment (EU), copyright, intellectual property

6.12.2008

EN

Official Journal of the European Union

C 313/41

Form of order sought

— Annul Article 3 of the Commission decision of 16 July
2008 relating to a proceeding under Article 81 EC and
Article 53 EEA (Case COMP/C2/38.698 — CISAC); and

— Order the Commission to pay the costs.

Pleas in law and main arguments

By means of this application the applicant seeks partial annul-
to Article 230 EC of Commission Decision
ment pursuant
C(2008) 3435 final of 16 July 2008 (Case COMP/C2/38.698 —
CISAC) relating to a proceeding under Article 81 EC and
Article 53 EEA. Precisely, the applicant contests the Commission
findings in Article 3 of the contested decision stating that terri-
the reciprocal representation mandates
torial delineations of
society to another constitute a
granted by one authors'
concerted practice
in violation of Article 81 EC and
Article 53 EEA.

The pleas in law and main arguments raised by the applicant
are identical to those raised by the applicant in Case T-415/08
IMRO v Commission.

findings in Article 3 of the contested decision stating that terri-
the reciprocal representation mandates
torial delineations of
society to another constitute a
granted by one authors'
in violation of Article 81 EC and
concerted practice
Article 53 EEA.

The pleas in law and main arguments raised by the applicant
are identical to those raised by the applicant in Case T-415/08
IMRO v Commission.

Action brought on 29 September 2008 — OSA v
Commission

(Case T-418/08)

(2008/C 313/75)

Language of the case: English

Parties

Action brought on 29 September 2008 — SPA v
Commission

Applicant: Ochranný svaz autorský pro práva k dílům hudebním
(OSA)
(represented by: M. Favart,
lawyer)

(Prague, Czech Republic)

(Case T-417/08)

(2008/C 313/74)

Language of the case: English

Parties

Applicant: Sociedade Portuguesa de Autores CRL (SPA) (Lisbon,
Portugal) (represented by: M. Favart, lawyer)

Defendant: Commission of the European communities

Form of order sought

— Annul Article 3 of the Commission decision of 16 July
2008 relating to a proceeding under Article 81 EC and
Article 53 EEA (Case COMP/C2/38.698 — CISAC); and

— Order the Commission to pay the costs.

Pleas in law and main arguments

By means of this application the applicant seeks partial annul-
to Article 230 EC of Commission Decision
ment pursuant
C(2008) 3435 final of 16 July 2008 (Case COMP/C2/38.698 —
CISAC) relating to a proceeding under Article 81 EC and
Article 53 EEA. Precisely, the applicant contests the Commission

Defendant: Commission of the European Communities

Form of order sought

— Annul Article 3 of the Commission decision of 16 July
2008 relating to a proceeding under Article 81 EC and
Article 53 EEA (Case COMP/C2/38.698 — CISAC); and

— Order the Commission to pay the costs.

Pleas in law and main arguments

By means of this application the applicant seeks partial annul-
ment pursuant
to Article 230 EC of Commission Decision
C(2008) 3435 final of 16 July 2008 (Case COMP/C2/38.698 —
CISAC) relating to a proceeding under Article 81 EC and
Article 53 EEA. Precisely, the applicant contests the Commission
findings in Article 3 of the contested decision stating that terri-
the reciprocal representation mandates
torial delineations of
society to another constitute a
granted by one authors'
concerted practice
in violation of Article 81 EC and
Article 53 EEA.

The pleas in law and main arguments raised by the applicant
are identical to those raised by the applicant in Case T-415/08
IMRO v Commission.