CELEX: 62009CA0260
Language: en
Date: 2009-02-10 00:00:00
Title: Case C-260/09 P: Judgment of the Court (First Chamber) of 10 February 2011 — Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) v European Commission (Appeal — Article 81 EC and Article 53 of the EEA Agreement — Market for Nintendo video games consoles and games cartridges — Limitation of parallel exports in that market — Agreement between a manufacturer and an exclusive distributor — Distribution agreement allowing passive sales — Proof of a concurrence of wills in the absence of direct documentary evidence that passive sales were to be restricted — Standard of proof necessary to establish the existence of a vertical agreement)

2.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/4
            
         Judgment of the Court (First Chamber) of 10 February 2011 — Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) v European Commission
   (Case C-260/09 P) (1)
   
   (Appeal - Article 81 EC and Article 53 of the EEA Agreement - Market for Nintendo video games consoles and games cartridges - Limitation of parallel exports in that market - Agreement between a manufacturer and an exclusive distributor - Distribution agreement allowing passive sales - Proof of a concurrence of wills in the absence of direct documentary evidence that passive sales were to be restricted - Standard of proof necessary to establish the existence of a vertical agreement)
   2011/C 103/05
   Language of the case: English
   
      Parties
   
   
      Appellant: Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) (represented by: J.K. de Pree and E.N.M. Raedts, advocaten)
   
      Other party to the proceedings: European Commission (represented by: S. Noë and F. Ronkes Agerbeek, acting as Agents)
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 30 April 2009 in Case T-18/03 CD-Contact Data GmbH v Commission of the European Communities by which the Court reduced the fine imposed on the appellant and dismissed as to the remainder an action for annulment of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) concerning a complex of agreements and concerted practices in the markets for Nintendo consoles and video games cartridges compatible with Nintendo consoles designed to restrict parallel exports of those consoles and cartridges
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Activision Blizzard Germany GmbH to pay the costs.
            
         
      (1)  OJ C 220, 12.9.2009.