CELEX: C2003/083/02
Language: en
Date: 2003-04-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 February 2003 in Case C-245/00 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden): Stichting ter Exploitatie van Naburige Rechten (SENA) v Nederlandse Omroep Stichting (NOS) (Directive 92/100/EEC — Rental right and lending right and certain rights related to copyright in the field of intellectual property — Article 8(2) — Broadcasting and communication to the public — Equitable remuneration)

5.4.2003                 EN                          Official Journal of the European Union                                                 C 83/1
                                                                          I
                                                                   (Information)
                                                      COURT OF JUSTICE
                                                               COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                             principally as a fuel, the Federal Republic of Germany has failed
                                                                                    to fulfil its obligations under Article 7(2) and (4) of Council
                           (Fifth Chamber)                                          Regulation (EEC) No 259/93 of 1 February 1993 on the
                                                                                    supervision and control of shipments of waste within, into and
                        of 13 February 2003                                         out of the European Community;
in Case C-228/00: Commission of the European Communi-                        2.     Orders the Federal Republic of Germany to pay the costs.
             ties v Federal Republic of Germany (1)
                                                                             (1 ) OJ C 259 of 9.9.2000.
(Failure by a Member State to fulfil its obligations —
Article 7(2) and (4) of Regulation (EEC) No 259/93 —
Classification of the purpose of a shipment of waste (recovery
or disposal) — Incinerated waste — Point R1 of Annex II B
to Directive 75/442/EEC — Concept of use principally as a
             fuel or other means to generate energy)
                                                                                                 JUDGMENT OF THE COURT
                            (2003/C 83/01)
                                                                                                         (Sixth Chamber)
                   (Language of the case: German)
                                                                                                        of 6 February 2003
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             in Case C-245/00 (Reference for a preliminary ruling from
                                                                             the Hoge Raad der Nederlanden): Stichting ter Exploitatie
                                                                             van Naburige Rechten (SENA) v Nederlandse Omroep
In Case C-228/00, Commission of the European Communities                                                Stichting (NOS) (1)
(Agent: G. zur Hausen) v Federal Republic of Germany
(Agent: T. Jürgensen, assisted by D. Sellner): Application for a
declaration that by raising unjustified objections against certain           (Directive 92/100/EEC — Rental right and lending right
shipments of waste to other Member States to be used                         and certain rights related to copyright in the field of
principally as a fuel the Federal Republic of Germany has failed             intellectual property — Article 8(2) — Broadcasting and
to fulfil its obligations under Article 7(2) and (4) of Council                  communication to the public — Equitable remuneration)
Regulation (EEC) No 259/93 of 1 February 1993 on the
supervision and control of shipments of waste within, into                                                (2003/C 83/02)
and out of the European Community (OJ 1993 L 30, p. 1), the
Court (Fifth Chamber), composed of: M. Wathelet, President of                                       (Language of the case: Dutch)
the     Chamber, C.W.A. Timmermans                      (Rapporteur),
D.A.O. Edward, P. Jann and S. von Bahr, Judges; F.G. Jacobs,
                                                                             (Provisional translation; the definitive translation will be published
Advocate General; H.A. Rühl, Principal Administrator, for the
                                                                                                   in the European Court Reports)
Registrar, has given a judgment on 13 February 2003, in
which it:
1.    Declares that by raising unjustified objections to certain             In Case C-245/00: Reference to the Court under Article 234
      shipments of waste to other Member States to be used                   EC by the Hoge Raad der Nederlanden (Netherlands) for a
 ---pagebreak--- C 83/2                  EN                          Official Journal of the European Union                                              5.4.2003
preliminary ruling in the proceedings pending before that                                    JUDGMENT OF THE COURT
court between Stichting ter Exploitatie van Naburige Rechten
(SENA) and Nederlandse Omroep Stichting (NOS), on the
interpretation of Article 8(2) of Council Directive 92/100/                                           (Fifth Chamber)
EEC of 19 November 1992 on rental right and lending right
and on certain rights related to copyright in the field of                                         of 13 February 2003
intellectual property (OJ 1992 L 346, p. 61), the Court
(Sixth Chamber), composed of: J.-P. Puissochet (Rapporteur),
President of the Chamber, C. Gulmann, V. Skouris, F. Macken                 in Case C-458/00: Commission of the European Communi-
and J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate                                  ties v Grand Duchy of Luxembourg ( 1)
General; M.-F. Contet, Administrator, for the Registrar, has
given a judgment on 6 February 2003, in which it has ruled:                 (Failure by a Member State to fulfil its obligations —
                                                                            Article 7(2) and (4) of Regulation (EEC) No 259/93 —
                                                                            Classification of the purpose of a shipment of waste (recovery
                                                                            or disposal) — Incinerated waste — Point R1 of Annex II B
                                                                            to Directive 75/442/EEC — Concept of use principally as a
                                                                                         fuel or other means to generate energy)
1.    The concept of equitable remuneration in Article 8(2) of
      Council Directive 92/100/EEC of 19 November 1992 on
      rental right and lending right and on certain rights related                                     (2003/C 83/03)
      to copyright in the field of intellectual property must be
      interpreted uniformly in all the Member States and applied                                (Language of the case: French)
      by each Member State; it is for each Member State to
      determine, in its own territory, the most appropriate criteria
      for assuring, within the limits imposed by Community law              (Provisional translation; the definitive translation will be published
      and Directive 92/100 in particular, adherence to that                                    in the European Court Reports)
      Community concept.
                                                                            In Case C-458/00, Commission of the European Communities
                                                                            (Agents: H. Støvlbaek and J. Adda) v Grand Duchy of
2.    Article 8(2) of Directive 92/100 does not preclude a model            Luxembourg (Agent: J. Faltz), supported by Republic of Austria
      for calculating what constitutes equitable remuneration for           (Agent: C. Pesendorfer): Application for a declaration that by
      performing artists and phonogram producers that operates by           raising unjustified objections to certain shipments of waste to
      reference to variable and fixed factors, such as the number of        another Member State to be used principally as a fuel, in
      hours of phonograms broadcast, the viewing and listening              breach of Article 7(2) and (4) of Council Regulation (EEC)
      densities achieved by the radio and television broadcasters           No 259/93 of 1 February 1993 on the supervision and control
      represented by the broadcast organisation, the tariffs fixed by       of shipments of waste within, into and out of the European
      agreement in the field of performance rights and broadcast            Community (OJ 1993 L 30, p. 1), and of Article 1(f) in
      rights in respect of musical works protected by copyright, the        conjunction with point R1 of Annex II B to Council Directive
      tariffs set by the public broadcast organisations in the              75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),
      Member States bordering on the Member State concerned,                as amended by Commission Decision 96/350/EC of 24 May
      and the amounts paid by commercial stations, provided that            1996 (OJ 1996 L 135, p. 32), the Grand Duchy of Luxembourg
      that model is such as to enable a proper balance to be                has failed to fulfil its obligations under Articles 2, 6 and 7 of
      achieved between the interests of performing artists and              that Regulation and under Article 1(f) in conjunction with
      producers in obtaining remuneration for the broadcast of a            point R1 of Annex II B to that Directive, the Court (Fifth
      particular phonogram, and the interests of third parties in           Chamber), composed of: M. Wathelet, President of the Chamb-
      being able to broadcast the phonogram on terms that are               er, C.W.A. Timmermans (Rapporteur), D.A.O. Edward, P. Jann
      reasonable, and that it does not contravene any principle of          and S. von Bahr, Judges; F.G. Jacobs, Advocate General;
      Community law.                                                        H.A. Rühl, Principal Administrator, for the Registrar, has given
                                                                            a judgment on 13 February 2003, in which it:
                                                                            1.    Dismisses the application;
                                                                            2.    Orders the Commission of the European Communities to pay
( 1) OJ C 247 of 26.8.2000.                                                       the costs;
                                                                            3.    Orders the Republic of Austria to bear its own costs.
                                                                            (1 ) OJ C 45 of 10.2.2001.