Judgment of the Court (Fifth Chamber) of 6 June 2002 in Case C-360/00 (Reference for a preliminary ruling from the Bundesgerichtshof): Land Hessen v G. Ricordi & Co. Bühnen- und Musikverlag GmbH (Term of copyright protection — Principle of non-discrimination on grounds of nationality — Applicability to copyright which arose prior to the entry into force of the EEC Treaty)
Date: 2002-07-27
Institutions: Court of Justice
Subjects: copyright, discrimination on the basis of nationality, intellectual property, interpretation of the law

C 180/6

EN

Official Journal of the European Communities

27.7.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 6 June 2002

in Case C-360/00 (Reference for a preliminary ruling from
the Bundesgerichtshof): Land Hessen v G. Ricordi & Co.
Bühnen- und Musikverlag GmbH (1)

(Term of copyright protection — Principle of non-discrimi-
nation on grounds of nationality — Applicability to copy-
right which arose prior to the entry into force of the EEC
Treaty)

(2002/C 180/09)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-360/00: Reference to the Court under Article 234
EC by the Bundesgerichtshof (Germany) for a preliminary
ruling in the proceedings pending before that court between
Land Hessen and G. Ricordi & Co. Bühnen- und Musikverlag
GmbH, on the interpretation of the first paragraph of Article 6
of the EC Treaty (now, after amendment, the first paragraph of
Article 12 EC), the Court (Fifth Chamber), composed of:
P. Jann, President of the Chamber, S. von Bahr, A. La Pergola,
M. Wathelet (Rapporteur) and C.W.A. Timmermans, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
has given a judgment on 6 June 2002, in which it has ruled:

The prohibition of discrimination in the first paragraph of Article 6
of the EC Treaty (now, after amendment, the first paragraph of
Article 12 EC) is also applicable to the protection of copyright in
cases where the author had died when the EEC Treaty entered into
force in the Member State of which he was a national. It precludes
the term of protection granted by the legislation of a Member State
to the works of an author who is a national of another Member State
being shorter than the term granted to the works of its own nationals.

(Fourth Chamber)

of 13 June 2002

in Case C-33/01: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations — Waste
— Management of hazardous waste — Failure to provide
information required under Article 8(3) of Directive 91/689
— Establishments and undertakings which carry out disposal
and/or recovery of hazardous waste)

(2002/C 180/10)

(Language of the case: Greek)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-33/01, Commission of the European Communities
(Agents: H. Stovlbaek and P. Panayotopoulos) v Hellenic
Republic (Agents: P. Skandalou and N. Dafniou): Application
for a declaration that, by failing to send to the Commission,
within the prescribed period, the information concerning every
establishment or undertaking which carries out disposal and/
or recovery of hazardous waste required under Article 8(3) of
Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (OJ 1991 L 377, p. 20),
in the version
resulting from Council Directive 94/31/EC of 27 June 1994
(OJ 1994 L 168, p. 28), and Commission Decision 96/302/EC
of 17 April 1996 establishing a format in which information
is to be provided pursuant to Article 8(3) of Directive 91/689
(OJ 1996 L 116, p. 26), the Hellenic Republic has failed to
fulfil its obligations under the EC Treaty and that directive, the
Court (Fourth Chamber), composed of: S. von Bahr, President
of the Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Tim-
mermans, Judges; P. Léger, Advocate General; R. Grass, Regis-
trar, has given a judgment on 13 June 2002, in which it:

1. Declares that, by failing to send to the Commission, within the
prescribed period, all the information required under Article 8(3)
of Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste, in the version resulting from Council Directive
94/31/EC of 27 June 1994, the Hellenic Republic has failed
to fulfil its obligations under that directive;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 355 of 9.12.2000.

(1) OJ C 95 of 24.3.2001.