CELEX: C2002/180/09
Language: en
Date: 2002-07-27 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 6 June 2002 in Case C-360/00 (Reference for a preliminary ruling from the Bundesgerichtshof): Land Hessen v G. Ricordi & Co. Bühnen- und Musikverlag GmbH (Term of copyright protection — Principle of non-discrimination on grounds of nationality — Applicability to copyright which arose prior to the entry into force of the EEC Treaty)

C 180/6                 EN                       Official Journal of the European Communities                                            27.7.2002
                 JUDGMENT OF THE COURT                                                           JUDGMENT OF THE COURT
                                                                                                        (Fourth Chamber)
                          (Fifth Chamber)
                                                                                                          of 13 June 2002
                           of 6 June 2002
                                                                            in Case C-33/01: Commission of the European Communi-
                                                                                                   ties v Hellenic Republic (1)
in Case C-360/00 (Reference for a preliminary ruling from
the Bundesgerichtshof): Land Hessen v G. Ricordi & Co.
             Bühnen- und Musikverlag GmbH (1)                               (Failure by a Member State to fulfil its obligations — Waste
                                                                            — Management of hazardous waste — Failure to provide
                                                                            information required under Article 8(3) of Directive 91/689
                                                                            — Establishments and undertakings which carry out disposal
(Term of copyright protection — Principle of non-discrimi-                                   and/or recovery of hazardous waste)
nation on grounds of nationality — Applicability to copy-
right which arose prior to the entry into force of the EEC
                               Treaty)                                                                    (2002/C 180/10)
                                                                                                    (Language of the case: Greek)
                          (2002/C 180/09)
                                                                            (Provisional translation; the definitive translation will be published
                   (Language of the case: German)                                                  in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                           In Case C-33/01, Commission of the European Communities
                                                                            (Agents: H. Stovlbaek and P. Panayotopoulos) v Hellenic
                                                                            Republic (Agents: P. Skandalou and N. Dafniou): Application
                                                                            for a declaration that, by failing to send to the Commission,
                                                                            within the prescribed period, the information concerning every
                                                                            establishment or undertaking which carries out disposal and/
In Case C-360/00: Reference to the Court under Article 234                  or recovery of hazardous waste required under Article 8(3) of
EC by the Bundesgerichtshof (Germany) for a preliminary                     Council Directive 91/689/EEC of 12 December 1991 on
ruling in the proceedings pending before that court between                 hazardous waste (OJ 1991 L 377, p. 20), in the version
Land Hessen and G. Ricordi & Co. Bühnen- und Musikverlag                    resulting from Council Directive 94/31/EC of 27 June 1994
GmbH, on the interpretation of the first paragraph of Article 6             (OJ 1994 L 168, p. 28), and Commission Decision 96/302/EC
of the EC Treaty (now, after amendment, the first paragraph of              of 17 April 1996 establishing a format in which information
Article 12 EC), the Court (Fifth Chamber), composed of:                     is to be provided pursuant to Article 8(3) of Directive 91/689
P. Jann, President of the Chamber, S. von Bahr, A. La Pergola,              (OJ 1996 L 116, p. 26), the Hellenic Republic has failed to
M. Wathelet (Rapporteur) and C.W.A. Timmermans, Judges;                     fulfil its obligations under the EC Treaty and that directive, the
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,              Court (Fourth Chamber), composed of: S. von Bahr, President
has given a judgment on 6 June 2002, in which it has ruled:                 of the Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Tim-
                                                                            mermans, Judges; P. Léger, Advocate General; R. Grass, Regis-
                                                                            trar, has given a judgment on 13 June 2002, in which it:
The prohibition of discrimination in the first paragraph of Article 6
of the EC Treaty (now, after amendment, the first paragraph of              1.     Declares that, by failing to send to the Commission, within the
Article 12 EC) is also applicable to the protection of copyright in                prescribed period, all the information required under Article 8(3)
cases where the author had died when the EEC Treaty entered into                   of Council Directive 91/689/EEC of 12 December 1991 on
force in the Member State of which he was a national. It precludes                 hazardous waste, in the version resulting from Council Directive
the term of protection granted by the legislation of a Member State                94/31/EC of 27 June 1994, the Hellenic Republic has failed
to the works of an author who is a national of another Member State                to fulfil its obligations under that directive;
being shorter than the term granted to the works of its own nationals.
                                                                            2.     Orders the Hellenic Republic to pay the costs.
(1) OJ C 355 of 9.12.2000.
                                                                            (1) OJ C 95 of 24.3.2001.