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:

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:

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, ECJ/CFI, Greece, Media.

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