CELEX: 61986CJ0270
Language: en
Date: 1990-12-12 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 12 December 1990. # J. Cholay and société "Bizon's Club" v Société des auteurs, compositeurs et éditeurs de musique (SACEM). # Reference for a preliminary ruling: Cour d'appel de Paris - France. # Copyright management - Disparities between national laws. # Case C-270/86.

Avis juridique important

|

61986J0270

Judgment of the Court (Fourth Chamber) of 12 December 1990.  -  J. Cholay and société "Bizon's Club" v Société des auteurs, compositeurs et éditeurs de musique (SACEM).  -  Reference for a preliminary ruling: Cour d'appel de Paris - France.  -  Copyright management - Disparities between national laws.  -  Case C-270/86.  

European Court reports 1990 Page I-04607 Pub.RJ Page Pub somm

SummaryPartiesOperative part
Keywords

++++Free movement of goods - Industrial and commercial property - Copyright - National legislation permitting the charging, on the public use of imported sound recordings, in addition to the performance royalty, of a supplementary reproduction royalty not provided for in the legislation of the Member State of origin - Permissibility  ( EEC Treaty, Arts 30 and 36 )  

Summary

Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a "supplementary mechanical reproduction fee", in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the Member State where those sound recordings were lawfully placed on the market .  ( In this judgment the Court answers a question on Articles 30 and 36 of the Treaty in the same terms as in Case 402/85 Basset v Sacem [1987] ECR 1747, in which substantially the same question was referred to it .)  

Parties

In Case C-270/86,  REFERENCE to the Court pursuant to Article 177 of the EEC Treaty by the Cour d' appel, Paris, for a preliminary ruling in the proceedings pending before that court between  J . Cholay,  Société "Bizon' s Club"  and  Société des auteurs, compositeurs et éditeurs de musique ( Sacem ),  on the interpretation of Articles 30 and 36 of the said Treaty,  THE COURT ( Fourth Chamber ),  composed of : M . Díez de Velasco, President of Chamber, C . N . Kakouris and P . J . G . Kapteyn, Judges,  Advocate General : C . O . Lenz  Registrar : J . A . Pompe, Deputy Registrar,  ( The grounds of the judgment are not reproduced .)  in answer to the question submitted to it by the Cour d' appel, Paris, by judgment of 9 April 1986, as interpreted by judgment of 21 January 1987, hereby rules :  

Operative part

Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a "supplementary mechanical reproduction fee", in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the Member State where those sound recordings were lawfully placed on the market .