Case C-61/05: Judgment of the Court (Third Chamber) of 13 July 2006 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 92/100/EEC — Copyright — Exclusive right to authorise or prohibit rental and lending — Incorrect transposition)
Date: 2006-09-16
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, copyright, hiring, intellectual property, video cassette

C 224/10

EN

Official Journal of the European Union

16.9.2006

Judgment of the Court (Third Chamber) of 18 July 2006
(reference for a preliminary ruling from the Korkein
hallinto-oikeus — Finland) — Maija T.I. Nikula

(Case C-50/05) (1)

(Social security — Sickness and maternity benefits — Calcu-
lation of contributions — Regulation No 1408/71 — Right
of a Member State to include, in the basis for calculating
contributions, the pensions or annuities paid by an institu-
tion of another Member State — Pensioner entitled to
pensions and annuities payable under the legislation of two
Member States)

(2006/C 224/17)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: Maija T.I. Nikula

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus
— Interpretation of Article 33(1) of Regulation (EEC) No
1408/71 of the Council of 14 June 1971 on the application of
social security schemes to employed persons, to self-employed
persons and to members of their families moving within the
Community, as amended and updated by Council Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) —
Contributions for sickness and maternity benefits payable by a
recipient of pensions received under the legislation of two
Member States who resides in one of those Member States and
is entitled to benefits solely from the institution of
that
Member State — Whether pensions or annuities received from
the other Member State are to be taken into account when
calculating contributions

Operative part of the judgment

security schemes

1) Article 33(1) of Council Regulation (EEC) No 1408/71 of 14
June 1971 on the application of social
to
employed persons, to self-employed persons and to members of
their families moving within the Community, as amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996, does not preclude, when the basis is determined for calcu-
lating sickness insurance contributions applied in the Member
State of residence of the recipient of pensions paid by the institu-
tions of that Member State responsible for the payment of benefits
under Article 27 of that regulation, the inclusion in that basis of
calculation, in addition to the pensions paid in the Member State
of residence, also of pensions paid by the institutions of another
Member State, provided that the sickness insurance contributions
do not exceed the amount of pensions paid in the State of resi-
dence.

2) However, Article 39 EC precludes the amount of pensions received
from institutions of another Member State from being taken into
account if contributions have already been paid in that other State
out of the income from work received in that State. It is for the
persons concerned to prove that the earlier contributions were in
fact paid.

(1) OJ C 93, 16.4.2005.

Judgment of the Court (Third Chamber) of 13 July 2006 —
Commission of the European Communities v Portuguese
Republic

(Case C-61/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/100/EEC — Copyright — Exclusive right to authorise or
prohibit rental and lending — Incorrect transposition)

(2006/C 224/18)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and W. Wils, Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes
and N. Gonçalves, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 2 and 4 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 (OJ 1992 L 346, p. 61)

Operative part of the judgment

The Court hereby:

1. Declares that:

— by creating in national law a rental right also in favour of
producers of videograms, the Portuguese Republic has failed to
fulfil its obligations under Article 2(1) 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
intellectual property, as last amended by Directive
field of
2001/29/EC of the European Parliament and of the Council
of 22 May 2001 on the harmonisation of certain aspects of
copyright and related rights in the information society;

16.9.2006

EN

Official Journal of the European Union

C 224/11

— by creating in national legislation some doubt as to who is
responsible for paying the remuneration owed to perfomers on
assignment of the rental right, the Portuguese Republic has
failed to comply with Article 4 of Directive 92/100, as
amended by Directive 2001/29/EC,
in conjunction with
Article 2(5) and (7) thereof;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 82, 2.4.2005.

Operative part of the judgment

Council Directive 70/156/EEC of 6 February 1970 on the approxi-
mation of the laws of the Member States relating to the type-approval
of motor vehicles and their trailers, as amended by Council Directive
92/53/EEC of 18 June 1992, is to be interpreted as meaning that it
does not preclude national rules which provide that a vehicle such as
the one in question in the main proceedings is not subject to the
national speed limits for passenger cars, even where that vehicle has
been registered as a passenger car on the basis of a Community type-
approval granted pursuant to that directive.

(1) OJ C 82 of 2.4.2005.

Judgment of the Court (Sixth Chamber) of 13 July 2006
(reference for a preliminary ruling from the Amtsgericht
Freiburg — Germany) — Bernd Voigt

(Case C-83/05) (1)

(Completion of the internal market — Approximation of
laws — Motor vehicles — Community type-approval proce-
dure — Directive 70/156/EEC — Scope — Classification
according to the technical characteristics of vehicle types —
Effect on vehicle classification of a national regulation
governing road traffic)

Judgment of the Court (Second Chamber) of 13 July 2006
(reference for a preliminary ruling from the House of
Lords — United Kingdom) — United Utilities plc v
Commissioners of Customs & Excise

(Case C-89/05) (1)

(Sixth VAT Directive — Article 13B(f) — Exemption for
games of chance — Scope — Activity of a call centre)

(2006/C 224/19)

Language of the case: German

(2006/C 224/20)

Language of the case: English

Referring court

Amtsgericht Freiburg

Parties to the main proceedings

Applicant: Bernd Voigt

Re:

Referring court

House of Lords

Parties to the main proceedings

Applicant: United Utilities plc

Defendant: Commissioners of Customs & Excise

Reference for a preliminary ruling — Amtsgericht Freiburg —
Interpretation of Council Directive 70/156/EEC of 6 February
1970 on the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their trailers
(OJ, English Special Edition 1970 (I), p. 96), as amended by
Council Directive 92/53/EEC of 18 June 1992 (OJ 1992 L 225
p. 1) — Registration by a Member State of a category M1
vehicle (passenger car) covered by Community type-approval
— Whether the national authorities may penalise the driver of
such a vehicle for road traffic offences which relate to goods
vehicles — Motorway speed limits applicable solely to goods
vehicles

Re:

Reference for a preliminary ruling — House of Lords — Inter-
pretation of Article 13B(f) of Directive 77/388/EEC: Sixth
Council Directive of 17 May 1977 on the harmonisation of the
laws of
the Member States relating to turnover taxes —
Common system of value added tax : uniform basis of assess-
ment (OJ 1977 L 145, p. 1) — Exemption of betting, lotteries
and other forms of gambling — Applicability to supplies of
services by a third company which accepts bets made by tele-
phone on behalf of another company