# C_2005217EN.01001902.xml

| 3.9.2005 | EN | Official Journal of the European Union | C 217/19 |
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3.9.2005

EN

Official Journal of the European Union

C 217/19

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 14 July 2005

in Case C-192/04: Reference for a preliminary ruling from the Cour de cassation in Lagardère Active Broadcast v Société pour la perception de la rémunération équitable (SPRE) and Others (1)

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(Copyright and neighbouring rights - Broadcasting of phonograms - Equitable remuneration)

(2005/C 217/37)

Language of the case: French

In Case C-192/04: reference for a preliminary ruling under Article 234 EC from the Cour de cassation (France), made by decision of 17 February 2004, received at the Court on 26 April 2004, in the proceedings between Lagardère Active Broadcast (the successor in title to Europe 1 communication SA) and Société pour la perception de la rémunération équitable (SPRE) and Gesellschaft zur Verwertung von Leistungsschutzrechten mbH (GVL); third party: Compagnie européenne de radiodiffusion et de télévision Europe 1 SA (CERT) — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, A. Borg Barthet, S. von Bahr, J. Malenovský (Rapporteur) and U. Lõhmus, Judges; A. Tizzano, Advocate General; K. Sztranc, Administrator, for the Registrar, gave a judgment on 14 July 2005, in which it ruled:

| 1. | In the case of a broadcast of the kind at issue in this case, Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission does not preclude the fee for phonogram use being governed not only by the law of the Member State in whose territory the broadcasting company is established but also by the legislation of the Member State in which, for technical reasons, the terrestrial transmitter broadcasting to the first State is located. |
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1.

In the case of a broadcast of the kind at issue in this case, Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission does not preclude the fee for phonogram use being governed not only by the law of the Member State in whose territory the broadcasting company is established but also by the legislation of the Member State in which, for technical reasons, the terrestrial transmitter broadcasting to the first State is located.

| 2. | Article 8(2) of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property must be interpreted as meaning that, for determination of the equitable remuneration mentioned in that provision, the broadcasting company is not entitled unilaterally to deduct from the amount of the royalty for phonogram use payable in the Member State in which it is established the amount of the royalty paid or claimed in the Member State in whose territory the terrestrial transmitter broadcasting to the first State is located. |
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2.

Article 8(2) of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property must be interpreted as meaning that, for determination of the equitable remuneration mentioned in that provision, the broadcasting company is not entitled unilaterally to deduct from the amount of the royalty for phonogram use payable in the Member State in which it is established the amount of the royalty paid or claimed in the Member State in whose territory the terrestrial transmitter broadcasting to the first State is located.

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(1)  OJ C 156 of 12. 06.2004.

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