28.12. 81 Official Journal of the European Communities No L 370/49 (Acts whose publication is not obligatory) COMMISSION . COMMISSION DECISION of 29 October 1981 relating to a proceeding under Article 86 of the EEC Treaty (IV/29.839 — GVL) (Only the German text is authentic) (81/1030/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 86 thereof, Having regard to Council Regulation No 17 of 6 February 1962 (1), and in particular Article 3 thereof, Having regard to the applications made to the Commission pursuant to Article 3 of Regulation No 17 by Interpar on 9 April 1979 and by the performing artists Avory, Bennett, R. Davies, D. Davies, Marvin, Webb, Welch, Scarano and Skorsky on 12 September 1980 in respect of the conduct of the Gesellschaft zur Verwertung von Leistungsschutzrechten, Hamburg, Federal Republic of Germany, Having regard to the Commission Decision of 25 August 1980 to initiate a proceeding in this case, Having heard the Gesellschaft zur Verwertung von Leistungsschutzrechten mbH in accordance with Article 19 of Regulation No 17 and with Commission Regulation No 99 of 25 July 1963 (?), (1) OJ No 13, 21. 2. 1962, p. 204/62. (3) OJ No 127, 20. 8. 1963, p. 2268/63. Having regard to the opinion delivered on 17 June 1981 by the Advisory Committee on Restrictive Practices and Dominant Positions in accordance with Article 10 of Regulation No 17, Whereas: THE FACTS This Decision concerns the conduct of the Gesellschaft zur Verwertung von Leistungsschutzrechten mbH (hereinafter called ‘GVL’) towards performing artists who are neither of German nationality nor resident in the Federal Republic of Germany (hereinafter called ‘Germany’). . Organization of GVL 1. GVL, which has its registered office in Hamburg, is a German collecting society set up to manage rights and claims which are vested pursuant to the German ‘Gesetz iiber Urheberrechte und verwandte Schutzrechte’ (Law on copyright and  related rights, hereinafter  called ‘Urheberrechtsgesetz’ — abbreviated to UrhG) in performing artists, film artists (hereinafter called ‘artists’), visual and sound recording manufacturers and promoters or which are assigned to manufacturers and promoters. GVL is responsible for the exploitation in Germany of ‘performers’ rights’, i.e. rights which