Judgment — ECLI:EU:C:2005:418
Date: 2005-06-30
Language of the case: French
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Principles, objectives and tasks of the Treaties;Intellectual, industrial and commercial property;Anti-discrimination;Non-discrimination on grounds of nationality;Copyright and related rights
Concepts: Principle of equality and non-discrimination;Prohibition of discrimination on grounds of nationality
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 1. Community law — Principles — Equal treatment — Discrimination on grounds of nationality — Prohibited — Scope — Copyright and related rights — Included (Art. 12 EC) 2. Community law — Principles — Equal treatment — Discrimination on grounds of nationality — Prohibited — Copyright protection afforded by the law of a Member State subject to a distinguishing criterion based on the country of origin of the work — Not permissible (Art. 12 EC) 1. Copyright and related rights, which by reason in particular of their effects on intra-Community trade in goods and services fall within the scope of application of the EC Treaty, are necessarily subject to the general principle of non-discrimination laid down by the first paragraph of Article 12 EC. (see para. 18) 2. Article 12 EC, which lays down the general principle of non discrimination on grounds of nationality, must be interpreted as meaning that the right of an author to claim in a Member State the copyright protection afforded by the law of that State may not be subject to a distinguishing criterion based on the country of origin of the work. (see para. 36, operative part)