Judgment of the General Court (Sixth Chamber) of 12 April 2013

Data

Court: General Court

Case date: 12 april 2013

Verdict

Judgment of the General Court (Sixth Chamber) of 12 April 2013 — Eesti Autorite Ühing v Commission

(Case T-416/08)

"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"

1. Actions for annulmentReview of legalityCriteriaAccount taken only of the factual and legal elements existing at the date on which the contested measure was adopted (Art. 230 EC) (see para. 70)

2. CompetitionAdministrative procedureCommission decision finding an infringementBurden of proving the infringement borne by the CommissionExtent of the burden of proof (Art. 81(1) EC; Council Regulation No 1/2003, Art. 2) (see paras 83, 130)

3. Union lawPrinciplesFundamental rightsPresumption of innocenceProcedures in competition mattersDecision finding an infringement but not imposing a fineApplicability (Art. 81(1) EC; Art. 6(2) EU; Charter of Fundamental Rights of the European Union, Art. 48(1)) (see paras 84-88)

4. CompetitionAdministrative procedureCommission decision finding an infringementMeans of proofReliance on a body of evidenceDegree of evidential value necessary as regards items of evidence viewed in isolationEvidence based solely on the conduct of undertakingsEvidential obligations of undertakings disputing the reality of the infringementObligations of the Commission challenging the plausibility of the explanations proposed by the undertakings (Art. 81(1) EC; Council Regulation No 1/2003, Art. 2) (see paras 89-93, 99, 153)

5. Agreements, decisions and concerted practicesProhibitionAgreements which continue to produce their effects after they have formally ceased to be in forceApplication of Article 81 EC (Art. 81(1) EC) (see para. 115)

6. Agreements, decisions and concerted practicesConcerted practiceParallel conductPresumption that a concertation existsLimitsRefusal by national copyright management societies to allow a user established in another Member State direct access to their repertoireAdverse effect on competition (Art. 81(1) EC) (see para. 129)

7. Actions for annulmentJudicial reviewLimits on jurisdiction (Art. 230 EC) (see para. 175)

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

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.