THE LATTER DISTINCTION DURING THE ORAL PROCEEDINGS WHEN IT DECLARED THAT IT WOULD REFRAIN FROM THE OPERATION OF ARTICLE 1 ( 7 ) IN SO FAR AS IT REFERS TO CONTRACTS OF ASSIGNMENT MADE BEFORE NOTIFICATION OF THE DECISION .
WITH REGARD TO NEW CONTRACTS OF ASSIGNMENT MADE SUBSEQUENT TO THAT NOTIFICATION, THEY SEEM UNLIKELY TO BENEFIT FROM AN ORDER SUSPENDING OPERATION SINCE THEY CAN CONTAIN ANY APPROPRIATE RESERVATION CLAUSES RELATING TO ANY CONSEQUENCES OF THE JUDGMENT TO COME .
WHILST GEMA CITES THE MATERIAL DIFFICULTIES WHICH IT MIGHT ENCOUNTER IN THAT RESPECT, THESE DO NOT SEEM TO BE INSUPERABLE SINCE THE COMMISSION HAS ACCEPTED DURING THE ORAL PROCEEDINGS THAT THE DIVISION BY CATEGORIES PROVIDED FOR IN ARTICLE 1 ( 7 ) COULD BE PROVISIONALLY SUSPENDED .
THEREFORE ANY SUCH DIFFICULTIES CANNOT COME INTO CONFLICT WITH THE PROVISIONS OF ARTICLE 185 OF THE TREATY WHEREBY ACTIONS " SHALL NOT HAVE SUSPENSORY EFFECT ".
3 IT SEEMS THAT THE OPERATION OF ARTICLE 1 ( 8 ) TO ( 13 ) CANNOT BE AFFECTED BY THE DISTINCTION BETWEEN OLD AND NEW CONTRACTS OF ASSIGNMENT : CONSEQUENTLY IN THESE CIRCUMSTANCES THE INTERPRETATION WHEREBY THE SIX MONTHS' PERIOD LAID DOWN IN ARTICLE 3 MAY BE APPLICABLE TO THEM CANNOT BE COMPLETELY RULED OUT .
IN ANY CASE, IT MIGHT BE FEARED THAT BECAUSE THE NUMBER AND NATURE OF THE DOCUMENTS CONCERNED - GEMA' S ARTICLES OF ASSOCIATION AND INTERNAL REGULATIONS AND THE RULES OF THE SOCIAL SECURITY FUND - AND BECAUSE OF THE VARIETY AND THE COMPLEXITY OF THE MEASURES ORDERED AND THEIR REPERCUSSIONS ON THE RELATIONSHIP BETWEEN GEMA AND ITS MEMBERS, THE IMMEDIATE OPERATION OF THOSE MEASURES MIGHT SERIOUSLY DISTURB GEMA' S WORK AND THE INTERESTS WHICH IT ADMINISTERS, BEFORE THE EXPIRY OF THE NORMAL PERIOD WHICH SHOULD ENABLE THE COURT TO DELIVER JUDGMENT .
EXCLUDING ANY DELAYS, THAT PERIOD CORRESPONDS APPROXIMATELY TO THAT LAID DOWN IN ARTICLE 3 OF THE DECISION .
BY ITSELF REFRAINING, CONDITIONALLY OR UNCONDITIONALLY, FROM PUTTING INTO IMMEDIATE OPERATION ARTICLE 1 ( 9 ) AND ( 12 ) THE COMMISSION IN ANY CASE ADMITS THE DIFFICULTIES THEREOF .
WITHOUT PREJUDICE TO THE JUDGMENT TO BE DELIVERED IN DUE COURSE AND ITS CONSEQUENCES, IT THEREFORE APPEARS THAT EXCEPTIONAL CIRCUMSTANCES JUSTIFY PRIMA FACIE THE GRANT, UNDER ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE, OF AN ORDER SUSPENDING THE OPERATION OF ARTICLE 1 ( 8 ) TO ( 11 ) AND ( 13 ) FOR A PERIOD OF SIX MONTHS AS FROM THE NOTIFICATION OF THE DECISION OF THE COMMISSION .
AS REGARDS THE IMMEDIATE OPERATION OF ARTICLE 2
4 ARTICLE 2 OF THE DECISION STATES THAT THERE HAVE BEEN INFRINGEMENTS OF ARTICLE 86 RESULTING FIRST, FROM PRACTICES RELATING TO THE EXTENSION BY CONTRACT OF THE COPYRIGHT IN CERTAIN MUSICAL WORKS, SECONDLY, FROM THE IMPOSITION OF A LICENCE FEE ON SOUND RECORDINGS WHICH ARE IMPORTED OR REIMPORTED INTO GERMANY, AND LASTLY FROM THE IMPOSITION OF A HIGHER ROYALTY ON TAPE RECORDERS AND VIDEO TAPE RECORDERS IMPORTED INTO THAT