do-me/EUR-LEX huggingface dataset:
Case C-432/09: Reference for a preliminary ruling from the Hof van Beroep te Brussel (Belgium), lodged on 2 November 2009 — Airfield NV v Agicoa Belgium BVBA
Date: 2009-11-02
Institutions: Court of Justice
Subjects: broadcasting, cable distribution, copyright, high-definition television, interpretation of the law, satellite communications








C_2010024EN.01002402.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/24





Reference for a preliminary ruling from the Hof van Beroep te Brussel (Belgium), lodged on 2 November 2009 — Airfield NV v Agicoa Belgium BVBA
(Case C-432/09)
2010/C 24/44
Language of the case: Dutch

Referring court

Hof van Beroep te Brussel

Parties to the main proceedings


Appellant: Airfield NV

Respondent: Agicoa Belgium BVBA

Questions referred







1.


Does Directive 93/83 (1) preclude the requirement that a supplier of digital satellite television must obtain the consent of the copyright holders in the case where a broadcasting organisation transmits its programme-carrying signals, either by a fixed link or by an encrypted satellite signal, to a supplier of digital satellite television which is independent of the broadcasting organisation, and that supplier has those signals encrypted and beamed to a satellite by a company associated with it, after which those signals are beamed down, with the consent of the broadcasting organisation, as part of a package of television programmes and therefore bundled, to the satellite television supplier’s subscribers, who are able to view the programmes simultaneously and unaltered by means of a decryption card or smart card provided by the satellite television supplier?










2.


Does Directive 93/83 preclude the requirement that a supplier of digital satellite television must obtain the consent of the copyright holders in the case where a broadcasting organisation transmits its programme-carrying signals to a satellite in accordance with the instructions of a digital television supplier which is independent of the broadcasting organisation, after which those signals are beamed down, with the consent of the broadcasting organisation, as part of a package of television programmes and therefore bundled, to the satellite television supplier’s subscribers, who are able to view the programmes simultaneously and unaltered by means of a decryption card or smart card provided by the satellite television supplier?






(1)  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 (OJ 1993 L 248, p. 15).
Case C-431/09: Reference for a preliminary ruling from the Hof van Beroep te Brussel (Belgium), lodged on 2 November 2009 — Airfield NV and Canal Digitaal BV v Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (Sabam)
Date: 2009-11-02
Institutions: Court of Justice
Subjects: broadcasting, cable distribution, copyright, high-definition television, interpretation of the law, satellite communications








C_2010024EN.01002401.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/24





Reference for a preliminary ruling from the Hof van Beroep te Brussel (Belgium), lodged on 2 November 2009 — Airfield NV and Canal Digitaal BV v Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (Sabam)
(Case C-431/09)
2010/C 24/43
Language of the case: Dutch

Referring court

Hof van Beroep te Brussel

Parties to the main proceedings


Appellants: Airfield NV and Canal Digitaal BV

Respondent: Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (Sabam)

Questions referred







1.


Does Directive 93/83 (1) preclude the requirement that a supplier of digital satellite television must obtain the consent of the copyright holders in the case where a broadcasting organisation transmits its programme-carrying signals, either by a fixed link or by an encrypted satellite signal, to a supplier of digital satellite television which is independent of the broadcasting organisation, and that supplier has those signals encrypted and beamed to a satellite by a company associated with it, after which those signals are beamed down, with the consent of the broadcasting organisation, as part of a package of television programmes and therefore bundled, to the satellite television supplier’s subscribers, who are able to view the programmes simultaneously and unaltered by means of a decryption card or smart card provided by the satellite television supplier?










2.


Does Directive 93/83 preclude the requirement that a supplier of digital satellite television must obtain the consent of the copyright holders in the case where a broadcasting organisation transmits its programme-carrying signals to a satellite in accordance with the instructions of a digital television supplier which is independent of the broadcasting organisation, after which those signals are beamed down, with the consent of the broadcasting organisation, as part of a package of television programmes and therefore bundled, to the satellite television supplier’s subscribers, who are able to view the programmes simultaneously and unaltered by means of a decryption card or smart card provided by the satellite television supplier?






(1)  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 (OJ 1993 L 248, p. 15).
Case C-430/09: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 2 November 2009 — Euro Tyre Holding B.V. v Staatssecretaris van Financiën
Date: 2009-11-02
Institutions: Court of Justice
Subjects: VAT, delivery, goods and services, interpretation of the law, intra-EU transport








C_2010024EN.01002302.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/23





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 2 November 2009 — Euro Tyre Holding B.V. v Staatssecretaris van Financiën
(Case C-430/09)
2010/C 24/42
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Euro Tyre Holding B.V.

Defendant: Staatssecretaris van Financiën

Question referred

In the light of Article 28c(A)(a) of the Sixth Directive, (1) and of Article 8(1)(a) and (b), the first subparagraph of Article 28a(1)(a), and the first subparagraph of Article 28b(A)(a) of the Sixth Directive, where, with regard to the same goods, two successive supplies are effected between taxable persons acting as such, in respect of which there is one single intra-Community dispatch or one single intra-Community transport, how should one determine to which supply the intra-Community transport should be ascribed, when the transport of the goods is effected by or at the expense of the person who acts both in the capacity of purchaser for the first supply and in the capacity of vendor in the second supply?


(1)  Sixth Council Directive 77/388/EEC 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 assessment.
(OJ 1997 L 145, p. 1).