AEPI v Commission [2007] EUECJ T-229/05
Court of First Instance judgment (about 8 pages in French) rejecting an appeal against a Commission decision refusing to investigate whether the conduct of three Greek copyright collection societies overseeing music broadcasting rights and other "neighbouring rights" of copyright was in breach of Article 81 and Article 82.
The complainant had alleged:
- that there was anti-competitive collusion between the three Greek societies;
- that the fees charged to radio and television broadcasters were excessive and represented an abuse of a dominant position; and
- that the Greek legislation giving their powers to collection societies was illegal because it allowed these infringements.
The Commission refused to investigate on the grounds of a lack of European Community interest in the matter, and because the Greek competition authority was the more appropriate authority to investigate the matter. This refusal was based on the fact that all parties to the dispute were Greek and operating in Greece, and also on the alleged complexity of an inquiry into alleged exploitative abuse of a dominant position.
The CFI's judgment starts by recalling that its power is in any event limited to quashing the Commission decision: it cannot make the declaration sought by the complainant that the policies of the copyright collection societies are unlawful.
As to the question of whether there was a sufficient Community interest, the court confirmed that the Commission had discretion to choose which cases to prioritise. In this case, as in Au lys de France, the Commission had not manifestly misused its discretion.
The main factors highlighted by the court to confirm the reasonableness of the Commission's decision not to investigate are:
- The complainant appeared to accept that it could have recourse to the Greek courts.
- The case can be distinguished from Magill, and from the Lucazeau and Tournier cases involving the legality under Article 82 of allegedly excessive charges by copyright collection societies: the allegation of abuse by the Greek societies did not rest on alleged anti-competitive concertation between copyright collection societies in different countries.
For further information or advice please contact Franck Latrémolière.
Filed under Article 82, ECJ/CFI, Greece, Media.
