C-52/07

KANAL 5 AND TV 4

The remuneration paid by television channels to an organisation that represents composers and music publishers and administers and licences rights to music and lyrics on their behalf and:

1) Whether Article 82 EC is to be interpreted as meaning that a practice constitutes abuse of a dominant position where a copyright management organisation holding a de facto monopoly in a Member State imposes a remuneration model on commercial television channels that involves the remuneration being calculated as a proportion of the television channels’ revenue from broadcasts directed at the general public?

2) Whether Article 82 EC is to be interpreted as meaning that a practice constitutes an abuse of a dominant position where a copyright management organisation acts as outlined in question 1) above and where there is no clear link between the revenue and what the copyright management organisation makes available, eg music for news and sports broadcasts, and where the revenue increases occur as a result of the development of programme charts, investments in technology and customised solutions?

3) Are the answers to questions 1 or 2 above affected by the fact that it is possible to identify and quantify both the music performed and viewing?

4) Are the answers to questions 1 or 2 above affected by the fact that the remuneration model is not applied in a similar manner in respect of a public service company?