Case C-169/05: Judgement of the Court (Third Chamber) of  1 June 2006  (reference for a preliminary ruling from the Cour de cassation, Belgium) — Uradex SCRL v Union Professionnelle de la Radio et de la Télédistribution (RTD), Société Intercommunale pour la Diffusion de la Télévision (BRUTELE) (Copyright and related rights — Directive 93/83/EEC — Article 9(2) — Scope of the powers of a collecting society deemed to be mandated to manage the rights of a copyright owner or holder of related rights which has not transferred the management of his rights to it — Exercise of the right to grant or refuse permission to a cable operator to retransmit a programme by cable)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: cable distribution, copyright, intellectual property, interpretation of the law

C 178/8

EN

Official Journal of the European Union

29.7.2006

Article 13A(1)(b) and (2)(a) of
that directive does not preclude
national legislation which makes the exemption of such medical tests
subject to conditions which, first, do not apply to the exemption of
care provided by the general practitioners who prescribed them and,
second, are different from those applicable to closely related activities
to medical care within the meaning of the first-mentioned provision.

Article 13A(1)(b) of the same directive precludes national legislation
which makes the exemption of medical tests carried out by a labora-
tory governed by private law outside a centre for treatment subject to
the condition that
they be carried out under medical supervision.
However, that provision permits such legislation to make the exemp-
tion of those tests subject to the condition that at least 40 % of those
services must be intended for persons insured by a social security
authority.

(1) OJ C 115, 14.5.2005.

85/432/EEC,

78/1027/EEC,

80/155/EEC,
78/1026/EEC,
85/384/EEC,
93/16/EEC
concerning the professions of nurse responsible for general
care, dental practitioner, veterinary surgeon, midwife, architect,
pharmacist and doctor (OJ 2001 L 206, p. 1)

80/154/EEC,

85/433/EEC

and

Operative part of the judgement

The Court:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to transpose Articles 1 to 4
and 9 to 13 of Directive 2001/19/EC of the European Parlia-
ment and of the Council 14 May 2001 amending Council Direc-
tives 89/48/EEC and 92/51/EEC on the general system for the
recognition of professional qualifications, and Council Directives
77/452/EEC,
78/687/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC on
the professions of nurse responsible for general care, dental practi-
tioner, veterinary surgeon, midwife, architect, pharmacist and
doctor,
its obligations
under that directive.

the French Republic has failed to fulfil

77/453/EEC,

78/686/EEC,

Judgement of the Court (Sixth Chamber) of 8 June 2006
— Commission of the European Communities v French
Republic

2. Orders the French Republic to pay the costs.

(Case C-164/05) (1)

(1) OJ C 115, 14.5.2005.

(Failure of a Member State to fulfil obligations — Directive
2001/19/EC — General system for the recognition of profes-
sional qualifications — Mutual recognition of diplomas,
certificates and other qualifications — Nurse, dentist, veter-
inary surgeon, midwife, architect, pharmacist and doctor —
Failure to transpose within the prescribed period)

(2006/C 178/12)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and H. Støvlbæk, Agents)

Defendant: French Republic (represented by: G. De Bergues and
C. Bergeot-Nunes, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt
the measures necessary to comply with Directive
2001/19/EC of the European Parliament and of the Council of
14 May 2001 amending Council Directives 89/48/EEC and
92/51/EEC concerning the general system for the recognition
Council Directives
of
78/687/EEC,
77/452/EEC,

qualifications,

77/453/EEC,

78/686/EEC,

professional

and

Judgement of the Court (Third Chamber) of 1 June 2006
(reference for a preliminary ruling from the Cour de cassa-
tion, Belgium) — Uradex SCRL v Union Professionnelle de
la Radio et de la Télédistribution (RTD), Société Intercom-
munale pour la Diffusion de la Télévision (BRUTELE)

(Case C-169/05) (1)

(Copyright and related rights — Directive 93/83/EEC —
Article 9(2) — Scope of the powers of a collecting society
deemed to be mandated to manage the rights of a copyright
owner or holder of related rights which has not transferred
the management of his rights to it — Exercise of the right to
grant or refuse permission to a cable operator to retransmit a
programme by cable)

(2006/C 178/13)

Language of the case: French

Referring court

Cour de cassation

29.7.2006

EN

Official Journal of the European Union

C 178/9

Parties to the main proceedings

Judgement of the Court (Sixth Chamber) of 8 June 2006
(reference for a preliminary ruling from the Finanzgericht
München (Germany)) — Sachsenmilch AG v Oberfinanz-
direktion Nürnberg

Applicant: Uradex SCRL

(Case C-196/05) (1)

Defendant: Union Professionnelle de la Radio et de la Télédistri-
bution (RTD), Société Intercommunale pour la Diffusion de la
Télévision (BRUTELE)

classification —
(Common Customs Tariff — Tariff
Combined Nomenclature — Subheading 0406 10 (fresh
cheese) — Annex I to Regulation (EEC) No 2658/87 as
amended by Regulation (EC) No 1832/2002 — Tariff classi-
fication of pizza mozzarella in block form that has been
stored after its manufacture for one to two weeks at a low
temperature)

(2006/C 178/14)

Language of the case: German

Re:

Reference for a preliminary ruling — Belgian Court of Cassa-
tion — Interpretation of Article 9(2) of Council Directive
93/83/EEC of 27 September 1993 on the coordination of
certain rules concerning copyright and rights related to copy-
right applicable to satellite broadcasting and cable retransmis-
sion (OJ L 248, 1993, p. 15) — Extent of the powers of a
collecting society deemed to be mandated to manage the rights
of a copyright owner or holder of related rights who has not
transferred the management of his rights to a collecting society
— Exercise of the right to grant or refuse authorisation to a
cable operator for cable retransmission

Referring court

Finanzgericht München

Parties to the main proceedings

Applicant: Sachsenmilch AG

Defendant: Oberfinanzdirektion Nürnberg

Re:

Operative part of the judgement

Article 9(2) of 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 is to be interpreted as meaning that, where a collecting
society is deemed to be mandated to manage the rights of a copyright
owner or holder of related rights who has not transferred the manage-
ment of his rights to a collecting society, that society has the power to
exercise that rightholder's right to grant or refuse authorisation to a
cable operator for cable retransmission and, consequently, its mandate
is not limited to management of the pecuniary aspects of those rights.

(1) OJ C 143, 11.6.2005.

Reference for a preliminary ruling — Finanzgericht Munchen
(EC) No
— Interpretation of Commission Regulation
1789/2003 of 11 September 2003 amending Annex I
to
Council Regulation (EEC) No 2658/87 on the tariff and statis-
tical nomenclature and the Common Customs Tariff (OJ 1987
L 256, p.1) — Subheading 0406 10 CN (fresh cheese) —
Mozzarella for pizza that has been stored after production for
one to two weeks at low temperature

Operative part of the judgement

The Court:

Subheading 0406 10 of the Combined Nomenclature in Annex I to
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the
tariff and statistical nomenclature and on the Common Customs
Tariff, as amended by Commission Regulation (EC) No 1832/2002
of 1 August 2002, must be interpreted as meaning that it applies to
pizza mozzarella in block form that was stored after its manufacture
for one to two weeks at 2 to 4 °C unless that storage is sufficient for
such mozzarella to undergo a process at the end of which it has
acquired one or more new objective characteristics or properties,
in
particular with regard to its composition, appearance or taste. It is for
the national court to determine whether those conditions are satisfied.

(1) OJ C 182, 23.7.2005.