Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 61980J0270

**Judgment of the Court of 9 February 1982. - Polydor Limited and RSO Records Inc. v Harlequin Records Shops Limited and Simons Records Limited. - Reference for a preliminary ruling: Court of Appeal (England) - United Kingdom. - Free movement of gramophone records - Copyrights. - Case 270/80.** 
  
*European Court reports 1982 Page 00329  
 Spanish special edition Page 00047  
 Swedish special edition Page 00309  
 Finnish special edition Page 00323*

  

[Summary](#SM)  
[Parties](#I1)  
[Subject of the case](#I2)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Keywords

  
*1 . INTERNATIONAL AGREEMENTS - AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC - DIFFERENT PURPOSE FROM THAT OF THE EEC TREATY - PROVISIONS OF THE TREATY GOVERNING THE RELATIONSHIP BETWEEN INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS AND THE FREE MOVEMENT OF GOODS - INTERPRETATION GIVEN BY THE COURT - TRANSPOSITION TO THE PROVISIONS OF THE AGREEMENT - NOT POSSIBLE

( EEC TREATY , ARTS 30 AND 36 ; AGREEMENT BETWEEN THE EEC AND PORTUGAL OF 22 JULY 1972 , ARTS 14 ( 2 ) AND 23 )

2 . INTERNATIONAL AGREEMENTS - AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC - RESTRICTIONS ON TRADE JUSTIFIED ON THE GROUND OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY - COPYRIGHT - ATTEMPT BY THE COPYRIGHT OWNER TO RESTRAIN THE IMPORTATION INTO A MEMBER STATE OF PROTECTED PRODUCTS PLACED ON THE MARKET IN PORTUGAL BY THE OWNER ' S LICENSEE - PERMISSIBLE

( AGREEMENT BETWEEN THE EEC AND PORTUGAL OF 22 JULY 1972 , ARTS 14 ( 2 ) AND 23 )*

## Summary

  
*1 . THE SIMILARITY BETWEEN THE TERMS USED IN ARTICLES 30 AND 36 OF THE EEC TREATY , ON THE ONE HAND , AND ARTICLES 14 ( 2 ) AND 23 OF THE AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC , ON THE OTHER , IS NOT A SUFFICIENT REASON FOR TRANSPOSING TO THE PROVISIONS OF THE AGREEMENT THE CASE-LAW OF THE COURT WHICH DETERMINES IN THE CONTEXT OF THE COMMUNITY THE RELATIONSHIP BETWEEN THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS AND THE RULES ON THE FREE MOVEMENT OF GOODS .

ALTHOUGH IT MAKES PROVISION FOR THE UNCONDITIONAL ABOLITION OF CERTAIN RESTRICTIONS ON TRADE BETWEEN THE COMMUNITY AND PORTUGAL , SUCH AS QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT , THE AGREEMENT DOES NOT HAVE THE SAME PURPOSE AS THE EEC TREATY , INASMUCH AS THE LATTER SEEKS TO UNITE NATIONAL MARKETS INTO A SINGLE MARKET REPRODUCING AS CLOSELY AS POSSIBLE THE CONDITIONS OF A DOMESTIC MARKET . IT FOLLOWS THAT IN THE CONTEXT OF THE AGREEMENT RESTRICTIONS ON TRADE IN GOODS MAY BE CONSIDERED TO BE JUSTIFIED ON THE GROUND OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY IN A SITUATION IN WHICH THEIR JUSTIFICATION WOULD NOT BE POSSIBLE WITHIN THE COMMUNITY .

2 . THE ENFORCEMENT BY THE PROPRIETOR OR BY PERSONS ENTITLED UNDER HIM OF COPYRIGHTS PROTECTED BY THE LAW OF A MEMBER STATE AGAINST THE IMPORTATION AND MARKETING OF GRAMOPHONE RECORDS LAWFULLY MANUFACTURED AND PLACED ON THE MARKET IN THE PORTUGUESE REPUBLIC BY LICENSEES OF THE PROPRIETOR IS JUSTIFIED ON THE GROUND OF THE PROTECTION OF INDUSTRIAL AND COMMERCIAL PROPERTY WITHIN THE MEANING OF ARTICLE 23 OF THE AGREEMENT BETWEEN THE EEC AND THE PORTUGUESE REPUBLIC AND THEREFORE DOES NOT CONSTITUTE A RESTRICTION ON TRADE SUCH AS IS PROHIBITED BY ARTICLE 14 ( 2 ) OF THE AGREEMENT . SUCH ENFORCEMENT DOES NOT CONSTITUTE A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN THE COMMUNITY AND PORTUGAL WITHIN THE MEANING OF THE SAID ARTICLE 23 .*

## Parties

[Top](#document1)