Categories Judicial News

Decision no. 668/08th of February 2013: HCCJ cancelled/rejected the appeals filed by ORDA and ARAIEX against the Civil Judgment no. 1707/09th of March 2012

On the 08^th of February 2013, in docket no. 1359/2/2012, the High Court of Cassation and Justice rejected the appeal filed by ORDA (Romanian Copyright Office) against the Civil Judgment no. 1707/09^th of March 2012 and rejected the appeal filed by ARAIEX (Artists’ Association of Romania) against the same judgment, issued by the Bucharest Court of Appeal, ordering the suspension of decision no. 10/2012 of ORDA, decision whereby ARAIEX had been designated as the collector of the remunerations for radio broadcasting/radio.

Decision no. 601/07th of February 2013: HCCJ rejected the appeal filed by ORDA against the Civil Judgment no. 3902/11th of June 2012

On the 07^th of February 2013, in docket no. 3914/2/2012, the High Court of Cassation and Justice rejected the appeal filed by ORDA (Romanian Copyright Office) against the Civil Judgment no. 3902/11^th of June 2012, issued by the Bucharest Court of Appeal, ordering the suspension of decision no. 56/2012 of ORDA, decision whereby ARAIEX (Artists’ Association of Romania) had been designated as the collector of the remunerations for public communication/ambient.

Decision no. 367/25th of January 2013: HCCJ rejected the appeal filed by ORDA against the Civil Judgment no. 1002/14th of February 2012

On the 25^th of February 2013, in docket no. 978/2/2012, the High Court of Cassation and Justice rejected the appeal filed by ORDA (Romanian Copyright Office) against the Civil Judgment no. 1002/14^th of February 2012, whereby the Bucharest Court of Appeal ordered the suspension of Decision no. 6/2012 of ORDA, followed by the withdrawal of the operating permit of CREDIDAM (Romanian Center for Performers’ Rights Management) for 13 days.

Decision no. 283/22nd of January 2013: HCCJ cancelled/rejected the appeals filed by ORDA and ARAIEX against the Civil Judgment no. 2835/30th of April 2013

On the 22^nd of January 2013, in docket no. 3044/2/2012, the High Court of Cassation and Justice cancelled the appeal filed by ORDA (Romanian Copyright Office) against the Civil Judgment no. 2835/30^th of April 2012 and rejected the appeal filed by ARAIEX (Artists’ Association of Romania) against the same judgment, issued by the Bucharest Court of Appeal, ordering the suspension of Decision no. 39/21^st of March 2012 of ORDA, whereby ARAIEX had been designated as the collector of the remunerations for public communication/ambient.

Cancellation of Decisions no.11/07th of February 2012, no. 39/21st of March 2012 and 56/07th of May 2012 of ORDA

On the 21^st of December 2012, in docket no. 4025/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, ordered the CANCELLATION of Decisions no. 11/2012, no. 39/2012 and no. 56/2012 whereby ORDA (Romanian Copyright Office) had confiscated the collection for public communication/ambient from CREDIDAM (Romanian Center for Performers’ Rights Management), and attributed it to ARAIEX (Artists’ Association of Romania).

Consequently, as from the 01^st of January 2012, all the economic agents using artistic performances for ambient purposes will make payments ONLY to CREDIDAM.

Thank you for your solidarity.

IMPORTANT: Cancellation of Decision no. 6/31st of January 2012 of ORDA

On the 09^th of November 2012, in docket no. 3198/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, ordered the CANCELLATION of Decision no. 6/31^st of January 2012 of ORDA (Romanian Copyright Office), for the withdrawal of the operating permit of CREDIDAM (Romanian Center for Performers’ Rights Management) for 13 days.

Decision no. 4524/01st of November 2012: HCCJ rejected the appeals filed by ORDA and ARAIEX against the Civil Judgment no. 1995/20th of March 2012

On the 01^st of November 2012, in docket no. 1724/2/2012, the High Court of Cassation and Justice irrevocably rejected the appeals filed by ORDA (Romanian Copyright Office) and ARAIEX (Artists’ Association of Romania) against the Civil Judgment no. 1995/20^th of March 2012, issued by the Bucharest Court of Appeal, ordering the suspension of Decision no. 11/07^th of February 2012, whereby ARAIEX (Artists’ Association of Romania) had been designated as the collector of the remunerations for the public communication/ambient source.

Cancellation of Decision no. 229/03rd of August 2011 of ORDA

On the 12^th of October 2012, in docket no. 850/2/2012, the Bucharest Court of Appeal, Administrative and Fiscal Contentious Section, ordered the CANCELLATION of Decision no. 229/03^rd of August 2011 of ORDA (Romanian Copyright Office), one of the two decisions underlying the issuance of Decision no. 6/31^st of January 2012 of ORDA, for the withdrawal of the operating permit of CREDIDAM (Romanian Center for Performers’ Rights Management) for 13 days.

Decision no. 152/19th of September 2012 of ORDA

Decision no. 152/19^th of September 2012 was published in the Official Gazette no. 670 of the 25^th of September 2012 (Off. Gazz. 670/2012), regarding the designation of the collective management body Romanian Center for Performers’ Rights Management (CREDIDAM) as the collector of the remunerations owed to performers or players for the radio broadcasting, by the television bodies, of the commercial phonograms or of the reproduction thereof, by mandatory collective management.

This decision was issued on the basis of the provisions of the Arbitral award no. 8 issued on the 9^th of July 2012, having as object the establishment of the final form of the Methodology pertaining to the remuneration owed to performers or players for the radio broadcasting, by television bodies, of commercial phonograms or of the reproductions thereof.

Decision no. 158/28th of September 2012 of ORDA – CREDIDAM as collector for the radio source

This is to inform you that Decision no. 158/28^th of September 2012 of ORDA (Romanian Copyright Office) was published in the Official Gazette, Part I no. 690/08^th of October 2012, for the designation of the Romanian Center for Performers’ Rights Management (CREDIDAM) as collector, until the issuance of a final and binding judgment by the court.

Consequently, both the payment of the remuneration owed by radio station users, and the transmission of the playlists will continue to be made to CREDIDAM.

Thank you for your solidarity.