Independant Music Publishers and Labels Association (Impala, association internationale) v Commission of the European Communities (T-464/04)

Judgment of 13 Jul 2006

law://eu/cjeu/2004/t-464-04/para_59@2026-11-14

59The applicant refers to the decided principle that the Commission makes a manifest error of assessment where, when it is required to balance conflicting claims, it gives too much weight to one of them (Case T-111/00 British American Tobacco International (Investments) v Commission [2001] ECR II-2997, paragraph 58) or where the reasons provided to justify a decision do not in fact support that decision. Likewise, where an assessment by the Commission is not supported by certain evidence or certain facts, it must be regarded as not having been made in an appropriate and not unreasonable manner (Case C-16/90 Nölle [1991] ECR I-5163). In the applicant's submission, the assertion that there was no collective dominant position is not supported by relevant facts, reasoning or evidence and the Commission has failed to fulfil its obligation to assess all the relevant factors.

Independant Music Publishers and Labels Association (Impala, association internationale) v Commission of the European Communities (T-464/04)

Connections

History · 1 version

Key facts