Source: EURLEX
Language: en
Format: md

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| 18.11.2006 | EN | Official Journal of the European Union | C 281/10 |

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Judgment of the Court (Grand Chamber) of 12 September 2006 (reference for a preliminary ruling from the Østre Landsret (Denmark)) — Laserdisken ApS v Kulturministeriet

(Case C-479/04)[(1)](#ntr1-C_2006281EN.01001001-E0001)

(Directive 2001/29/EC - Harmonisation of certain aspects of copyright and related rights in the information society - Article 4 - Distribution rights - Rule of exhaustion - Legal basis - International agreements - Competition policy - Principle of proportionality - Freedom of expression - Principle of equal treatment - Articles 151 EC and 153 EC)

(2006/C 281/15)

Language of the case: Danish

Referring court

Østre Landsret (Denmark)

Parties to the main proceedings

Applicant: Laserdisken ApS

Defendant: Kulturministeriet

Re:

Reference for a preliminary ruling — Østre Landsret — Validity and interpretation of Article 4(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](./../../../legal-content/EN/AUTO/?uri=OJ:L:2001:167:TOC)) — Exhaustion of the rightholder's rights only as of the first sale or first other transfer of ownership in the Community by the rightholder or with his consent — Imports from third countries of DVDs of cinematographic works.

Operative part of the judgment

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| 1. | Consideration of the first question does not reveal any information such as to affect the validity of Article 4(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. |

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| 2. | Article 4(2) of Directive 2001/29 is to be interpreted as precluding national rules providing for exhaustion of the distribution right in respect of the original or copies of a work placed on the market outside the European Community by the rightholder or with his consent. |

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