Case C-275/06: Judgment of the Court (Grand Chamber) of  29 January 2008 (Reference for a preliminary ruling from the Juzgado de lo Mercantil No 5 de Madrid — Spain) — Productores de Música de España (Promusicae) v Telefónica de España SAU (Information society — Obligations of providers of services — Retention and disclosure of certain traffic data — Obligation of disclosure — Limits — Protection of the confidentiality of electronic communications — Compatibility with the protection of copyright and related rights — Right to effective protection of intellectual property)
Date: 2008-01-29
Institutions: Court of Justice
Subjects: TRIPS, electronic commerce, information society, interpretation of the law, law relating to information, provision of services

8.3.2008

EN

Official Journal of the European Union

C 64/9

— reserves application of a tax-free amount to domestic agricultural
land and forestry in relation to those assets and takes account of
their remaining value in the amount of only 60 % thereof.

plant, and a full and detailed list of the substances used and the
substances contained in those products.

(1) OJ C 224, 16.9.2006.

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Second Chamber) of 24 January
2008 (reference for a preliminary ruling from the Corte
suprema di cassazione (Italy)) — Roby Profumi Srl v
Comune di Parma

Judgment of the Court (Grand Chamber) of 29 January
2008 (Reference for a preliminary ruling from the Juzgado
de lo Mercantil No 5 de Madrid — Spain) — Productores
de Música de España (Promusicae) v Telefónica de España
SAU

(Case C-257/06) (1)

(Case C-275/06) (1)

(Article 28 EC — Directive 76/768/EEC — Protection of
products — Importation —
health — Cosmetic
Communication of information on cosmetic products to the
authorities of the State of importation)

(2008/C 64/11)

Language of the case: Italian

(Information society — Obligations of providers of services —
Retention and disclosure of certain traffic data — Obligation
of disclosure — Limits — Protection of the confidentiality of
electronic communications — Compatibility with the protec-
tion of copyright and related rights — Right to effective
protection of intellectual property)

(2008/C 64/12)

Language of the case: Spanish

Referring court

Corte suprema di cassazione

Referring court

Parties to the main proceedings

Appellant: Roby Profumi Srl

Respondent: Comune di Parma

Re:

Juzgado de lo Mercantil No 5 de Madrid

Parties to the main proceedings

Applicant: Productores de Música de España (Promusicae)

Defendant: Telefónica de España SAU

Reference for a preliminary ruling — Corte suprema di cassa-
zione — Interpretation of Article 28 EC and Article 7 of
Council Directive 76/768/EEC of 27 July 1976 on the approxi-
mation of the laws of the Member States relating to cosmetic
products (OJ 1976 L 262, p. 169), as amended by Council
Directive 93/35/EEC of 14 June 1993 (OJ 1993 L 151, p. 32)
— Ready-for-sale products imported from other Member States
— National provisions requiring importers to communicate a
full and detailed list of the substances contained in the product

Operative part of the judgment

Article 7 of Council Directive 76/768/EEC of 27 July 1976 on the
approximation of the laws of the Member States relating to cosmetic
products, as amended by Council Directive 93/35/EEC of 14 June
1993, does not preclude a national provision which, in the interests of
prompt and appropriate medical treatment in the event of difficulties,
requires the importer of cosmetic products to communicate to the
Ministry of Health and to the Region the name or the corporate name
its registered office and that of the manufacturing
of the business,

Re:

in particular electronic commerce,

Reference for a preliminary ruling — Juzgado de lo Mercantil
no 5, Madrid, Spain — Interpretation of Articles 15(2) and 18
of Directive 2001/31/EC of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information
society services,
in the
Internal Market (OJ 2000 L 178, p. 1), Article 8 (1) and (2) of
Directive 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 (OJ 2001 L 167, p. 10) and Article 8 of Directive
2004/48/EC of the European Parliament and the Council of
29 April 2004 on the enforcement of
intellectual property
rights (OJ 2004 L 157, p. 45) — Treatment of data generated
by communications made in the context of the supply of an
information society service — Duty of operators of electronic
communications networks and services, providers of telecom-
munications network access and providers of data storage
services to retain and make available such data — Not where
civil proceedings are concerned.

C 64/10

EN

Official Journal of the European Union

8.3.2008

Operative part of the judgment

Parties to the main proceedings

Directive 2000/31/EC of the European Parliament and of the Council
of 8 June 2000 on certain legal aspects of information society services,
in particular electronic commerce, in the Internal Market (‘Directive on
electronic commerce’), Directive 2001/29/EC of the European Parlia-
ment and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information
society, Directive 2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intellectual property
rights, and Directive 2002/58/EC of the European Parliament and of
the Council of 12 July 2002 concerning the processing of personal
data and the protection of privacy in the electronic communications
sector (Directive on privacy and electronic communications) do not
require the Member States to lay down, in a situation such as that in
the main proceedings, an obligation to communicate personal data in
order to ensure effective protection of copyright in the context of civil
proceedings. However, Community law requires that, when transposing
those directives, the Member States take care to rely on an interpreta-
tion of them which allows a fair balance to be struck between the
various fundamental rights protected by the Community legal order.
Further, when implementing the measures transposing those directives,
the authorities and courts of the Member States must not only inter-
pret their national law in a manner consistent with those directives but
also make sure that they do not rely on an interpretation of them
which would be in conflict with those fundamental rights or with the
other general principles of Community law, such as the principle of
proportionality.

(1) OJ C 212, 2.9.2006.

Applicants: The Queen, on the application of Ezgi Payir, Burhan
Akyuz, Birol Ozturk

Defendant: Secretary of State for the Home Department

Re:

Reference for a preliminary ruling — Court of Appeal — Inter-
pretation of Article 6(1) of Decision No 1/80 of the EEC-Turkey
Association Council — Concept of a worker duly registered as
belonging to the labour force of a Member State — Turkish
national employed as an au pair after obtaining leave to remain
for
to pursue that activity — Turkish
nationals holding leave to remain to follow a course of study
and holding permission to work for a maximum of 20 hours
per week during term time

two years in order

Operative part of the judgment

The fact that a Turkish national was granted leave to enter the territory
of a Member State as an au pair or as a student cannot deprive him of
the status of ‘worker’ and prevent him from being regarded as ‘duly
that Member State
registered as belonging to the labour force’ of
within the meaning of Article 6(1) of Decision No 1/80 of the Asso-
ciation Council of 19 September 1980 on the development of the
Association. Accordingly, that fact cannot prevent that national from
being able to rely on that provision for the purposes of obtaining
renewed permission to work and a corollary right of residence.

(1) OJ C 237, 30.9.2006.

Judgment of the Court (Third Chamber) of 24 January
2008 (reference for a preliminary ruling from the Court of
Appeal
(United
Kingdom)) — The Queen, on the application of Ezgi Payir,
Burhan Akyuz, Birol Ozturk v Secretary of State for the
Home Department

(England and Wales)

(Civil Division)

Judgment
10 January 2008 — Commission of

(Second

Court

the

of

Chamber)
of
the European

Communities v Republic of Finland

(Case C-294/06) (1)

(Case C-387/06) (1)

(EEC-Turkey Association Agreement — Freedom of movement
for workers — Decision No 1/80 of the Association Council
— First indent of Article 6(1) — Worker duly registered as
belonging to the labour force — Leave to enter as a student or
as an au pair — Effect on the right to remain)

(2008/C 64/13)

Language of the case: English

Referring court

Court of Appeal

(Failure of a Member State to fulfil
its obligations —
Telecommunications sector — Article 8(1), (2)(b) and 3(c) of
Directive 2002/19/EC (‘Framework’ Directive) — Article 8(1)
and (4) of Directive 2002/19/EC (‘Access’ Directive) —
Electronic communications networks and services — Fixed
and mobile telephone networks — Termination of calls —
Incoming traffic — Limit on the powers of the national
authority for communications regulation)

(2008/C 64/14)

Language of the case: Finnish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Huttunen and M. Shotter, Agents)