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Case T-418/08: Judgment of the General Court of 12 April 2013 — OSA v Commission (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)
ECLI:EU:UNKNOWN:62008TA0418
62008TA0418
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Official Journal of the European Union
C 156/31
(Case T-418/08) (<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 collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)
2013/C 156/54
Language of the case: English
Parties
Applicant: Ochranný svaz autorský pro práva k dílům hudebním o.s. (OSA) (Prague, Czech Republic) (represented by: M. Favart, lawyer)
Defendant: European Commission (represented by: F. Castillo de la Torre and A. Biolan, acting as Agents)
Interveners in support of the applicant: International Confederation of Societies of Authors and Composers (CISAC) (Neuilly-sur-Seine, France) (represented by J.-F. Bellis and K. Van Hove, lawyers); and European Broadcasting Union (EBU) (Grand-Saconnex, Switzerland) (represented by D. Waelbroeck, lawyer, and D. Slater, Solicitor)
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 Ochranný svaz autorský pro práva k dílům hudebním o.s. (OSA);
2.Dismisses the remainder of the action;
3.Orders the European Commission to pay the costs.
(<span class="super">1</span>) OJ C 313, 6.12.2008.