CELEX: C2006/281/15
Language: en
Date: 2006-11-18 00:00:00
Title: Case C-479/04: Judgment of the Court (Grand Chamber) of 12 September 2006 (reference for a preliminary ruling from the Østre Landsret (Denmark)) — Laserdisken ApS v Kulturministeriet (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)

18.11.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/10
            
         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)
   
   (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) — 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
   
               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.
            
         
               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.
            
         
      (1)  OJ C 31, 05.02.2005.