GC, April 12, 2013, No T-425/08

The Court:

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;

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;

Dismisses the remainder of the action;

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;

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;

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