Official Journal of the European Union

C 156/26

(Case T-392/08) (<span class="super">1</span>)

(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 societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)

2013/C 156/44

Language of the case: Greek

Parties

Applicant: AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE (Athens, Greece) (represented initially by P. Xanthopoulos and T. Asprogerakas Grivas, then T. Asprogerakas Grivas, lawyers)

Defendant: European Commission (represented by: T. Christoforou and F. Castillo de la Torre, acting as Agents, assisted initially by M. Moustakali, then S. Dempegiotis, lawyers)

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 of the judgment

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 AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE;

2.Annuls Article 4 of Commission Decision C(2008) 3435 final, to the extent that it refers to Article 3 of that decision, in so far as it concerns AEPI;

3.Dismisses the remainder of the action;

4.Orders the European Commission to bear its own costs and pay one half of AEPI’s costs;

5.Orders AEPI to bear one half of its own costs;

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

(<span class="super">1</span>) OJ C 301, 22.11.2008.