GC, 6th chamber, April 12, 2013, No T-422/08

1.

Dismisses the European Commission’s request for measures of organisation of procedure;

2.

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 SACEM;

3.

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 SACEM;

4.

Dismisses the remainder of the action;

5.

Orders SACEM to bear half of its own costs, with the exception of the costs occasioned by the interventions in support of the Commission;

6.

Orders the French Republic to bear its own costs;

7.

Orders Sociedad General de Autores y Editores (SGAE) to bear half of its own costs;

8.

Orders the Commission to bear its own costs, to pay half of those incurred by SACEM, with the exception of the costs occasioned by the interventions in support of the Commission, and to pay half of those incurred by SGAE;

9.

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

10.

Orders RTL Group SA, CLT-UFA, Music Choice Europe Ltd, ProSiebenSat.1 Media AG, Modern Times Group MTG AB, Viasat Broadcasting UK Ltd and Verband Privater Rundfunk und Telemedien eV to bear their own costs and to pay those incurred by SACEM in connection with their interventions;

11.

Orders SACEM, the Commission, RTL Group, CLT-UFA and Music Choice Europe to each bear their own costs relating to the interim relief proceedings.