Judgment of the Court (Third Chamber) of 14 July 2005 in Case C-203/04: Reference for a preliminary ruling from the Landgericht Frankfurt am Main in Gebrüder Stolle GmbH & Co. KG v Heidegold Geflügelspezialitäten GmbH (Poultrymeat — Marketing standards — Prohibition on including certain indications concerning the type of farming on labelling — Regulation (EEC) No 1538/91)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: consumer information, interpretation of the law, labelling, marketing standard, poultry

C 217/20

EN

Official Journal of the European Union

3.9.2005

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.

(1) OJ C 156 of 12. 06.2004.

JUDGMENT OF THE COURT

(Third Chamber)

of 14 July 2005

President of the Chamber, A. Borg Barthet (Rapporteur), A. La
Pergola, U. Lõhmus and A. Ó Caoimh,
Judges; M. Poiares
Maduro, Advocate General; H. von Holstein, Deputy Registrar,
for the Registrar, gave a judgment on 14 July 2005, in which it
ruled:

as

amended

by Commission Regulation

Article 10(1) of Commission Regulation (EEC) No 1538/91 of 5
June 1991 introducing detailed rules for implementing Council Regu-
lation (EEC) No 1906/90 on certain marketing standards for poul-
trymeat,
(EC) No
1321/2002 of 22 July 2002, must be interpreted as meaning that
(‘kontrollierte
the wording
Aufzucht’) constitutes an indication of the type of farming and for
that reason that article does not allow an undertaking to include that
wording on the labelling of a product falling within the scope of that
regulation.

‘reared under

conditions’

controlled

(1) OJ C 190 of 24.07.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 21 July 2005

in Case C-207/04: Reference for a preliminary ruling from
the Commissione tributaria provinciale di Novara in Paolo
Vergani v Agenzia delle Entrate, Ufficio di Arona (1)

in Case C-203/04: Reference for a preliminary ruling from
the Landgericht Frankfurt am Main in Gebrüder Stolle
GmbH & Co. KG v Heidegold Geflügelspezialitäten
GmbH (1)

(Social policy — Equal pay and equal treatment for men and
women — Redundancy payment — Tax treatment deter-
mined by reference to age — Tax advantage)

(Poultrymeat — Marketing standards — Prohibition on
including certain indications concerning the type of farming
on labelling — Regulation (EEC) No 1538/91)

(2005/C 217/39)

(Language of the case: Italian)

(2005/C 217/38)

(Language of the case: German)

In Case C-203/04: reference for a preliminary ruling under
Article 234 EC from the Landgericht Frankfurt am Main
(Germany), made by decision of 28 April 2004, received at the
Court on 7 May 2004, in the proceedings between Gebrüder
Stolle GmbH & Co. KG and Heidegold Geflügelspezialitäten
GmbH — the Court (Third Chamber), composed of A. Rosas,

In Case C-207/04: reference for a preliminary ruling under
Article 234 EC from the Commissione tributaria provinciale di
Novara (Italy), made by decision of 26 April 2004, received at
the Court on 10 May 2004, in the proceedings between Paolo
Vergani and Agenzia delle Entrate, Ufficio di Arona, — the
Court (First Chamber), composed of P. Jann, President of the
Chamber, N. Colneric (Rapporteur), K. Schiemann, E. Juhász
and E. Levits,
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
gave a judgment on 21 July 2005, in which it ruled: