Opinion of the Advocate General — ECLI:EU:C:2008:21
Date: 2008-01-17
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Germany

summary of the Italian law appears to explain how this came about. 14 – In my view it would be preferable for the answers to the questions referred in the present case to be framed in terms of their specific context. If more general answers are given, there is a risk that they might determine the outcome of disputes arising in different circumstances where other factors, not debated before the Court in the present case, are relevant. I have accordingly rephrased the questions in narrower terms than those put by the referring court. 15 – Emphasis added. 16 – See recitals 9 and 11. 17 – See recitals 10 and 11. 18 – Recitals 21 and 23. 19 – 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 (OJ 1992 L 346, p. 61). 20 – Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ 1991 L 122, p. 42). 21 – Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ 1996 L 77, p. 20). 22 – Case 158/86 Warner Brothers [1988] ECR 2605, Case C-200/96 Metronome Musik [1998] ECR I-1953 and Case C-61/97 Foreningen af danske Videogramdistributører [1998] ECR I-5171. 23 – Regulation of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ 2003 L 196, p. 7). 24 – Case C-306/05 [2006] ECR I-11519, paragraph 35, and the case-law there cited. See also Commission v Germany, cited in footnote 7, at paragraph 52. 25 – Articles 4(c) and 5(c) respectively. 26 – Article 9(1). 27 – See recitals 4, 9 and 11. 28 – See recital 3. 29 – Cited in footnote 4. 30 – See point 6 and footnote 4 above. 31 – See, for example, Foreningen af danske Videogramdistributører, cited in footnote 22, paragraph 13. 32 – See footnote 22. 33 – The directive on rental and lending rights, cited in footnote 19. 34 – Cited in footnote 23. 35 – See footnote 14. 36 – See points 35 and 36 above. 37 – In the alternative, given its proposed response to the first questions. 38 – Joined Cases C-92/92 and C-326/92 Phil Collins [1993] ECR I-5145, paragraph 19. 39 – Cited in footnote 12. 40 – See footnote 4.