Source: EURLEX
Language: en
Format: md

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| 21.11.2009 | EN | Official Journal of the European Union | C 282/48 |

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Order of the Court of First Instance of 30 September 2009 — Impala v Commission

(Case T-229/08)[(1)](#ntr1-C_2009282EN.01004803-E0001)

(Competition - Concentration - Sony BMG joint venture - Original decision annulled by the Court of First Instance - New decision declaring the concentration compatible with the common market - Action deprived of purpose - No need to adjudicate)

2009/C 282/93

Language of the case: English

Parties

Applicant: Independent Music Publishers and Labels Association (Impala, association internationale (Brussels, Belgium) (represented by: S. Crosby, J. Golding, Solicitors and I. Wekstein, lawyer)

Defendant: Commission of the European Communities (represented by: X. Lewis, F. Arbault and K. Mojzesowicz, Agents)

Interveners in support of the defendant: Sony Corporation of America, (New York, New York, United States), (represented by N. Levy, Barrister, R. Snelders and T. Graf, lawyers); and Bertelsmann AG (Gütersloh, Germany) (represented by P. Chappatte, J. Boyce and A. Lyle-Smythe, Solicitors)

Re:

Application for annulment of Commission Decision C (2007) 4507 of 3 October 2007 declaring compatible with the common market and the functioning of the EEA Agreement a concentration whereby the activities of Sony Corporation of America and Bertelsmann AG in the recorded music sector were combined into a joint venture (Case COMP/M.3333 — Sony/BMG), adopted following the annulment by the judgment delivered in Case T-464/04 Impala v Commission [2006] ECR II-2289 of Commission Decision 2005/188/EC of 19 July 2004 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3333 — Sony/BMG) ([OJ 2005 L 62, p. 30](./../../../legal-content/EN/AUTO/?uri=OJ:L:2005:062:TOC)).

Operative part of the order

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| 1. | There is no longer any need to adjudicate on the present action. |

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| 2. | Independent Music Publishers and Labels Association (Impala, association internationale) shall bear its own costs and those of the Commission of the European Communities. |

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| 3. | Bertelsmann AG and Sony Corporation of America shall bear their own costs. |

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