Case C-282/06: Reference for a preliminary ruling from the Prague Regional Court lodged on 28 June 2006 — Ochranný Svaz Autorský pro Práva k Dilům Hudebním (OSA) v Miloslav Lev
Date: 2006-09-02
Institutions: Court of Justice
Subjects: broadcasting, copyright, hotel industry, interpretation of the law

C 212/22

EN

Official Journal of the European Union

2.9.2006

the

enforce

(3) The service-station proprietor is required to pay the
supplier the cost of the motor-vehicle and other fuels
nine days after the date of
their delivery to the
service station, on presentation on the date of the
first supply of a bank guarantee for the total price of
the supply, equivalent to 15 days. If it should fail to
pay, apart
the supplier
from the possibility that
might
the guarantee presented by the
latter would be
service-station proprietor,
required to pay for supplies before they were deliv-
ered to the service station. Payment is made by the
service-station
by
deducting from the price of sale to the public fixed
by the distributor,
including VAT, the amount of
‘commission’ due to the service-station proprietor,
plus the corresponding VAT. The fuel supplied is
sold on average in a period of much less than the
nine days provided for payment by the applicant
(respondent in these proceedings) to the defendant
(the appellant in these proceedings). The distributor
debits or
station monthly,
depending on the upward or downward variation in
the prices fixed for the fuel delivered. The cost of
transport is borne by the supplier.

proprietor

supplier

service

credits

the

the

to

the use of

(4) The proprietor of the service station guarantees and
is responsible for those customers who have signed
up for
the credit card created and
managed by the group of companies to which the
supplier belongs, charges the sales made by means of
the card one month after they are made, finances a
small part of the cost of customers' use of the fuel
distributor's loyalty card and assumes the risk of
non-payment by those customers who have been
allowed direct credit.

(5) The supplier of the petroleum products bears the
costs of installing and maintaining its brand image in
the service station, and also transfers the fuel-tanks
and pumps which the proprietor of
the service
station may not use, without the supplier's authorisa-
tion in writing, to sell products not supplied by that
supplier, and which are valued precisely at
the
the service
the bank guarantee that
amount of
station proprietor has presented in favour of the
supplier?

(b) If so, on a proper construction of Commission Regu-
lation (EEC) No 1984/83 of 22 June 1983, and in par-
ticular of Articles 10 to 13 thereof, do those provisions
catch within their scope a contract of that kind with the
result that the prohibition laid down in Article 81(1) of
the EC Treaty is not applicable if the contract satisfies
the requirements for exemption contained in those arti-
cles of the regulation?

(c) In that case,

is Article 11 of

that regulation to be
construed as meaning that, if the contract imposes more
than one restriction on competition, and moreover if it
stipulates no competition by providing for exclusive
supply by one supplying undertaking, sale prices are
fixed by the supplier? Does the authorisation given by
the distribution company to the service station to lower

its sale price without affecting the distributor's receipts,
which took place in November 2001, make it possible to
regard the contract as valid?

(1) Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the
application of Article 85(3) of the Treaty to categories of exclusive
purchasing agreements (OJ L 173, p. 5).

Reference for a preliminary ruling from the Prague
Regional Court lodged on 28 June 2006 — Ochranný Svaz
Autorský pro Práva k Dilům Hudebním (OSA) v Miloslav
Lev

(Case C-282/06)

(2006/C 212/37)

Language of the case: Czech

Referring court

Prague Regional Court (Krajský Soud v Praze)

Parties to the main proceedings

Applicant(s): Ochranný Svaz Autorský pro Práva k Dilům
Hudebním (OSA)

Defendant(s): Miloslav Lev

Question(s) referred

1. In accordance with European Union law — Directive EC
2001/29 — does an author have a right to remuneration in
the case of the playing of a work on radio or television by
an operator of an establishment used in connection with
accommodation, even where the television or radio receiver
is situated in a private part of the premises used for accom-
modation (in a room)?

2. Does §23 of the Copyright Law No 121/2000 Coll., as
amended by Law No 81/2005 Coll., conflict with Com-
munity law?