Case C-240/07: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 16 May 2007 — Sony Music Entertainment (Germany) GmbH v Falcon Neue Medien Vertrieb GmbH
Date: 2007-07-21
Institutions: Court of Justice
Subjects: copyright, foreign national, intellectual property, interpretation of the law

21.7.2007

EN

Official Journal of the European Union

C 170/13

Question referred

national provisions within the meaning of Article 10(2)
of Directive 2006/116?

Is Article 20 of Directive 2003/54/EC (1) of the European Parlia-
ment and of the Council of 26 June 2003 concerning common
rules for the internal market in electricity and repealing Direc-
tive 96/92/EC to be interpreted as obliging Member States to
establish legal rules whereby any third party has the right, at his
discretion, provided that the electricity system has ‘the necessary
capacity’,
to choose the system — electricity transmission
system or electricity distribution system — to which he wishes
to be connected, and the operator of that system has an obliga-
tion to grant access to the network?

(b) Does

the term of protection granted pursuant

to
Article 10(2) of Directive 2006/116 also apply to
subject-matter that, on the date specified in Article 10(1)
of that directive, fulfilled the criteria set out in Council
Directive 92/100/EEC (2) of 19 November 1992 on
rental right and lending right and on certain rights
related to copyright in the field of intellectual property,
but whose rightholder is not a Community national?

(1) OJ L 176, p. 37.

(1) OJ L 372, p. 12.
(2) OJ L 346, p. 61.

for

Reference
from the
preliminary
Bundesgerichtshof (Germany) lodged on 16 May 2007 —
(Germany) GmbH v Falcon
Sony Music Entertainment

ruling

a

Neue Medien Vertrieb GmbH

(Case C-240/07)

(2007/C 170/23)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant: Sony Music Entertainment (Germany) GmbH

Respondent: Falcon Neue Medien Vertrieb GmbH

Questions referred

1. Does

term of protection granted

the European Parliament and of

by Directive
the
2006/116/EC (1) of
the
Council of 12 December 2006 on the term of protection of
copyright and certain related rights (Directive 2006/116)
under the conditions set out in Article 10(2) thereof apply
also in the case of subject-matter that has not at any time
been protected in the Member State in which protection is
sought?

2. If Question 1 is to be answered in the affirmative:

Reference for a preliminary ruling from the Riigikohus
(Estonia) lodged on 21 May 2007 — JK Otsa Talu OÜ v
Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

(Case C-241/07)

(2007/C 170/24)

Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings

Applicant: JK Otsa Talu OÜ

Defendant: Põllumajanduse Registrite ja Informatsiooni Amet
(PRIA)

Questions referred

1.

‘Is it compatible with the objective of agri-environmental
support laid down in Articles 22 to 24 of Council Regu-
lation (EC) No 1257/1999 (1) of 17 May 1999 on support
for
from the European Agricultural
Guidance and Guarantee Fund (EAGGF) and amending and
repealing certain Regulations:

rural development

(a) to give continued support only to applicants for whom,
within the framework of
that programme, a decision
awarding agri-environmental support has already been
made in the previous budgetary year, and who have
entered into an environmental commitment,

(a) Do national provisions governing the protection of right-
holders who are not Community nationals constitute

or