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 — Koda v Commission

(Case T-425/08)

"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 annulmentJudicial reviewLimits on jurisdiction (Art. 230 EC) (see para. 67)

2. Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is basedLackInadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 71)

3. 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 85, 131)

4. 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 86-90)

5. 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 91-95, 101, 154)

6. 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. 117)

7. 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. 130)

Re:

APPLICATION for annulment 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 Koda;

2. Annuls Article 4(2) and (3) of Commission Decision C(2008) 3435 final, to the extent that they refer to Article 3 of that decision, in so far as they concern Koda;

3. Dismisses the remainder of the action;

4. Orders the European Commission to bear its own costs and to pay the costs incurred by Koda, with the exception of the costs occasioned by the intervention;

5. Orders the International Federation of the Phonographic Industry (IFPI) to bear its own costs and to pay the costs incurred by Koda in connection with IFPI’s intervention;

6. Orders Koda and the Commission each to bear their own costs relating to the interim relief proceedings.