do-me/EUR-LEX huggingface dataset:
Case T-417/08: Judgment of the General Court of 12 April 2013 — Sociedade Portuguesa de Autores v Commission (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)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, cable distribution, control of restrictive practices, copyright, holding company, music, proof, rights of the defence, satellite communications








C_2013156EN.01003101.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/31





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)
2013/C 156/53
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:






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 Sociedade Portuguesa de Autores CR;










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 313, 6.12.2008.
Case T-416/08: Judgment of the General Court of 12 April 2013 — Eesti Autorite Ühing v Commission (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)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, cable distribution, control of restrictive practices, copyright, holding company, music, proof, rights of the defence, satellite communications








C_2013156EN.01003002.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/30





Judgment of the General Court of 12 April 2013 — Eesti Autorite Ühing v Commission
(Case T-416/08) (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)
2013/C 156/52
Language of the case: English

Parties


Applicant: Eesti Autorite Ühing (Tallin, Estonia) (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. Waelbroeck, lawyer, and D. Slater, Solicitor)

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:






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 Eesti Autorite Ühing;










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 313, 6.12.2008.
Case T-210/13: Action brought on 12 April 2013 — Versalis v Commission
Date: 2013-04-12
Institutions: General Court
Subjects: infringement procedure (EU), offence, principle of legal certainty, right to justice, rubber industry, sanction (EU)








C_2013156EN.01005204.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/52





Action brought on 12 April 2013 — Versalis v Commission
(Case T-210/13)
2013/C 156/98
Language of the case: Italian

Parties


Applicant: Versalis SpA (San Donato Milanese, Italy) (represented by: M. Siragusa, F. Moretti and L. Nascimbene, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested measures and order the Commission to pay the costs.





Pleas in law and main arguments

The present dispute concerns a request for the annulment of the European Commission’s decision of 26 February 2013 [C(2013) 1200 final], together with the statement of objections [C(2013) 1199 final] by which the Commission had formally initiated the procedure in AT.40032 — BR/ESBR — Recidivism, with the intention of amending Decision C(2006) 5700 final of 29 November 2006, adopted in Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber, partially annulled and varied by the General Court of the European Union by judgments of 13 July 2011 in Case T-39/07 Eni v Commission and Case T-59/07 Polimeri Europa v Commission.
By its sole plea, the applicant alleges that the Commission lacked competence to reopen the proceedings against it with a view to the adoption of a new infringement decision. In particular, the applicant maintains that the Commission’s power to impose penalties on the applicant in connection with the matters covered by the procedure in Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber was exhausted following the adoption of the decision of 29 November 2006 (C(2006) 5700 final), partially annulled and varied by the General Court of the European Union by judgments of 13 July 2011 in Case T-39/07 Eni v Commission and Case T-59/07 Polimeri Europa v Commission, currently under appeal before the Court of Justice. By reopening the procedure, the Commission intends to revise the substance of the grounds of the decision of 29 November 2006, that is to say, to undertake a new appraisal of the evidence against the applicant, which had already been established and on which the General Court had already expressed its views in the exercise of its full jurisdiction to review legality. Accordingly, the reopening of the infringement procedure, in terms of purpose and effects, is manifestly contrary to the principles of ne bis in idem, of legal certainty, of the protection of legitimate expectations and of effective judicial protection.
Case T-418/08: Judgment of the General Court of 12 April 2013 — OSA v Commission (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)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, cable distribution, control of restrictive practices, copyright, holding company, music, proof, rights of the defence, satellite communications








C_2013156EN.01003102.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/31





Judgment of the General Court of 12 April 2013 — OSA v Commission
(Case T-418/08) (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)
2013/C 156/54
Language of the case: English

Parties


Applicant: Ochranný svaz autorský pro práva k dílům hudebním o.s. (OSA) (Prague, Czech Republic) (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. Waelbroeck, lawyer, and D. Slater, Solicitor)

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:






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 Ochranný svaz autorský pro práva k dílům hudebním o.s. (OSA);










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 313, 6.12.2008.
Case T-428/08: Judgment of the General Court of 12 April 2013 — STEF v Commission (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)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, cable distribution, control of restrictive practices, copyright, holding company, music, proof, rights of the defence, satellite communications








C_2013156EN.01003501.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/35





Judgment of the General Court of 12 April 2013 — STEF v Commission
(Case T-428/08) (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)
2013/C 156/60
Language of the case: English

Parties


Applicant: Samband tónskálda og eigenda flutningsréttar (STEF) (Reykjavík, Iceland) (represented by: H. Óttarsdóttir, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre and J. Bourke, acting as Agents)

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:






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 Samband tónskálda og eigenda flutningsréttar (STEF);










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 313, 6.12.2008.
Case C-183/13: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 12 April 2013 — Fazenda Pública v Banco Mais SA
Date: 2013-04-12
Institutions: Court of Justice
Subjects: amortisation, banking, hire purchase, interest








C_2013189EN.01000402.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/4





Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 12 April 2013 — Fazenda Pública v Banco Mais SA
(Case C-183/13)
2013/C 189/07
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicant: Fazenda Pública

Defendant: Banco Mais SA

Question referred:

In a financial leasing contract under which the customer pays rent, the latter comprising financial payback, interest and other charges, does or does not the rent paid fall to be taken into account, in its entirety, in the denominator of the deductible proportion or, conversely, must only interest be taken into account, since it constitutes the remuneration, the profit, accruing to the bank from the leasing contract?
Information communicated by Member States regarding closure of fisheries
Date: 2013-04-12
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013106EN.01000401.xml










12.4.2013   


EN


Official Journal of the European Union


C 106/4





Information communicated by Member States regarding closure of fisheries
2013/C 106/05
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


19.3.2013




Duration


19.3.2013-31.12.2013




Member State


Portugal




Stock or group of stocks


WHB/ATLANT




Species


WHM/ATLANT (Tetrapturus albidus)




Zone


Atlantic Ocean




Type(s) of fishing vessels


—




Reference number


FS02TQ40






(1)  OJ L 343, 22.12.2009, p. 1.