Source: EURLEX
Language: en
Format: md

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| 29.7.2006 | EN | Official Journal of the European Union | C 178/8 |

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Judgement of the Court (Third Chamber) of 1 June 2006 (reference for a preliminary ruling from the Cour de cassation, Belgium) — Uradex SCRL v Union Professionnelle de la Radio et de la Télédistribution (RTD), Société Intercommunale pour la Diffusion de la Télévision (BRUTELE)

(Case C-169/05)[(1)](#ntr1-C_2006178EN.01000802-E0001)

(Copyright and related rights - Directive 93/83/EEC - Article 9(2) - Scope of the powers of a collecting society deemed to be mandated to manage the rights of a copyright owner or holder of related rights which has not transferred the management of his rights to it - Exercise of the right to grant or refuse permission to a cable operator to retransmit a programme by cable)

(2006/C 178/13)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Uradex SCRL

Defendant: Union Professionnelle de la Radio et de la Télédistribution (RTD), Société Intercommunale pour la Diffusion de la Télévision (BRUTELE)

Re:

Reference for a preliminary ruling — Belgian Court of Cassation — Interpretation of Article 9(2) of 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 L 248, 1993, p. 15](./../../../legal-content/EN/AUTO/?uri=OJ:L:1993:248:TOC)) — Extent of the powers of a collecting society deemed to be mandated to manage the rights of a copyright owner or holder of related rights who has not transferred the management of his rights to a collecting society — Exercise of the right to grant or refuse authorisation to a cable operator for cable retransmission

Operative part of the judgement

Article 9(2) of 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 is to be interpreted as meaning that, where a collecting society is deemed to be mandated to manage the rights of a copyright owner or holder of related rights who has not transferred the management of his rights to a collecting society, that society has the power to exercise that rightholder's right to grant or refuse authorisation to a cable operator for cable retransmission and, consequently, its mandate is not limited to management of the pecuniary aspects of those rights.

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