CELEX: C1998/209/10
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT of 28 April 1998 in Case C-200/96 (reference for a preliminary ruling from the Landgericht Köln): Metronome Musik GmbH v. Music Point Hokamp GmbH (Copyright and related rights - Rental and lending right - Validity of Directive 92/100/EEC)

4.7.98                EN                  Official Journal of the European Communities                                      C 209/5
corrective lenses purchased from an optician established in                        JUDGMENT OF THE COURT
another Member State, on the ground that prior                                              of 28 April 1998
authorisation is required for the purchase of any medical
product abroad.                                                      in Case C-158/96 (reference for a preliminary ruling
                                                                     from the Cour de Cassation): Raymond Kohll v. Union
                                                                                       des Caisses de Maladie (1)
(1) OJ C 137 of 3.6.1995.
                                                                     (Freedom to provide services Ð Reimbursement of
                                                                     medical expenses incurred in another Member State Ð
                                                                     Prior authorisation of the competent institution Ð Public
                                                                                      health Ð Dental treatment)
                                                                                             (98/C 209/09)
              JUDGMENT OF THE COURT                                                 (Language of the case: French)
                       of 28 April 1998
                                                                       (Provisional translation; the definitive translation will be
in Case C-118/96 (reference for a preliminary ruling from                     published in the European Court Reports)
Länsrätten i Dalarnas Län, formerly Länsrätten i Koppar-
bergs Län): Jessica Safir v. Skattemyndigheten i Dalarnas            In Case C-158/96: reference to the Court under Article 177
   Län, formerly Skattemyndigheten i Kopparbergs Län (1)             of the EC Treaty from the Luxembourg Cour de Cassation
                                                                     (Court of Cassation) for a preliminary ruling in the
(Freedom to provide services Ð Free movement of capital
                                                                     proceedings pending before that court between Raymond
Ð Taxation of savings in the form of life assurance Ð
                                                                     Kohll and Union des Caisses de Maladie Ð on the
Legislation of a Member State establishing different tax
                                                                     interpretation of Articles 59 and 60 of the EC Treaty Ð
regimes according to the place of establishment of the
                                                                     the Court, composed of: G. C. Rodríguez Iglesias,
             undertaking providing the services)
                                                                     President, C. Gulmann, H. Ragnemalm (Rapporteur) and
                        (98/C 209/08)                                M. Wathelet (Presidents of Chambers), G. F. Mancini, J. C.
                                                                     Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,
                                                                     D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann and
               (Language of the case: Swedish)                       L. Sevón, Judges; G. Tesauro, Advocate General;
                                                                     D. Louterman-Hubeau, Principal Administrator, for the
                                                                     Registrar, has given a judgment on 28 April 1998, in
                                                                     which it has ruled:
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    Articles 59 and 60 of the EC Treaty preclude national
                                                                     rules under which reimbursement, in accordance with the
                                                                     scale of the State of insurance, of the cost of dental
In Case C-118/96: reference to the Court under Article 177           treatment provided by an orthodontist established in
of the EC Treaty from Länsrätten i Dalarnas Län,                     another Member State is subject to authorisation by the
formerly Länsrätten i Kopparbergs Län (County                        insured person's social security institution.
Administrative Court, County of Kopparberg), Sweden,
for a preliminary ruling in the proceedings pending before           (1) OJ C 180 of 22.6.1996.
that court between Jessica Safir and Skattemyndigheten i
Dalarnas Län, formerly Skattemyndigheten i Kopparbergs
Län Ð on the interpretation of Articles 6, 59, 60, 73b
and 73d of the EC Treaty Ð the Court, composed of: G. C.
Rodríguez Iglesias, President, C. Gulmann, H. Ragnemalm,
M. Wathelet and R. Schintgen (Presidents of Chambers),
                                                                                   JUDGMENT OF THE COURT
G. F. Mancini, J. C. Moitinho de Almeida (Rapporteur),
P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward, J.-P.                                      of 28 April 1998
Puissochet, G. Hirsch and P. Jann, Judges; G. Tesauro,               in Case C-200/96 (reference for a preliminary ruling
Advocate General; H. A. Rühl, Principal Administrator,               from the Landgericht Köln): Metronome Musik GmbH v.
for the Registrar, has given a judgment on 28 April 1998,                           Music Point Hokamp GmbH (1)
in which it has ruled:
                                                                     (Copyright and related rights Ð Rental and lending right
                                                                                 Ð Validity of Directive 92/100/EEC)
Article 59 of the EC Treaty precludes the application of                                     (98/C 209/10)
national legislation relating to the taxation of capital life
assurance such as the legislation in question in the main                          (Language of the case: German)
proceedings.
                                                                       (Provisional translation; the definitive translation will be
(1) OJ C 158 of 1.6.1996.                                                     published in the European Court Reports)
                                                                     In Case C-200/96: reference to the Court under Article 177
                                                                     of the EC Treaty from the Landgericht (Regional Court)
 ---pagebreak--- C 209/6               EN                  Official Journal of the European Communities                                       4.7.98
Cologne, Germany, for a preliminary ruling in the                    1. Article 85(1) of the EC Treaty precludes a supplier
proceedings pending before that court between                             established in a Member State of the Community from
Metronome Musik GmbH and Music Point Hokamp                               imposing on a distributor established in another
GmbH Ð on the validity of Article 1(1) of Council                         Member State to which the supplier entrusts the
Directive 92/100/EEC of 19 November 1992 on rental                        distribution of his products in a territory outside the
right and lending right and on certain rights related to                  Community a prohibition of making any sales in any
copyright in the field of intellectual property (OJ L 346 of              territory other than the contractual territory, including
27.11.1992, p. 61) Ð the Court, composed of: G. C.                        the territory of the Community, either by direct
Rodríguez Iglesias, President, C. Gulmann, H.                             marketing or by re-exportation from the contractual
Ragnemalm, M. Wathelet and R. Schintgen (Presidents of                    territory, if that prohibition has the effect of
Chambers), G. F. Mancini, J. C. Moitinho de Almeida,                      preventing, restricting or distorting competition within
P. J. G. Kapteyn, D. A. O. Edward, J.-P. Puissochet                       the Community and is liable to affect the pattern of
(Rapporteur), G. Hirsch, P. Jann and L. Sevón, Judges; G.                 trade between Member States. This might be the case
Tesauro, Advocate General; D. Louterman-Hubeau,                           where the Community market in the products in
Principal Administrator, for the Registrar, has given a                   question is characterised by an oligopolistic structure
judgment on 28 April 1998, in which it has ruled:                         or by an appreciable difference between the prices
                                                                          charged for the contractual product within the
                                                                          Community and those charged outside the Community
Examination of the question submitted has disclosed no                    and where, in view of the position occupied by the
factor of such a kind as to affect the validity of Article 1(1)           supplier of the products at issue and the extent of the
of Council Directive 92/100/EEC of 19 November 1992                       supplier's production and sales in the Member States,
on rental right and lending right and on certain rights                   the prohibition entails a risk that it might have an
related to copyright in the field of intellectual property.               appreciable effect on the pattern of trade between
                                                                          Member States such as to undermine attainment of the
(1) OJ C 233 of 10.8.1996.                                                objectives of the common market.
                                                                     2. Provisions intended to prevent a distributor from
                                                                          selling directly in the Community and re-exporting to
                                                                          the Community contractual products which the
                                                                          distributor has undertaken to sell in non-member
                                                                          countries do not escape the prohibition laid down in
              JUDGMENT OF THE COURT                                       Article 85(1) of the Treaty on the ground that the
                       of 28 April 1998                                   Community supplier of the products concerned
                                                                          distributes those products within the Community
in Case C-306/96: (reference for a preliminary ruling from                through a selective distribution network covered by an
the Court d'Appel de Versailles): Javico International and                exemption decision under Article 85(3) of the Treaty.
   Javico AG v. Yves Saint Laurent Parfums SA (YSLP) (1)
(Competition Ð Luxury cosmetic products Ð Selective                  (1) OJ C 336 of 9.11.1996.
distribution system Ð Obligation to export to a non-
member country Ð Prohibition of re-importation into,
            and of marketing in, the Community)
                        (98/C 209/11)
                                                                                     JUDGMENT OF THE COURT
               (Language of the case: French)                                                (Sixth Chamber)
                                                                                             of 30 April 1998
  (Provisional translation; the definitive translation will be       in Case C-136/95 (reference for a preliminary ruling from
         published in the European Court Reports)                    the French Cour de Cassation): Caisse Nationale d'Assu-
                                                                     rance Vieillesse des Travailleurs SalarieÂs (CNAVTS) v.
                                                                                           EÂvelyne Thibault (1)
In Case C-306/96: reference to the Court under Article 177
of the EC Treaty by the Cour d'Appel de Versailles                   (Equal treatment for men and women Ð Directive 76/
(France) for a preliminary ruling in the proceedings                 207/EEC Ð Maternity leave Ð Right to an assessment of
pending before that court between Javico International                                         performance)
and Javico AG and Yves Saint Laurent Parfums SA                                               (98/C 209/12)
(YSLP), on the interpretation of Article 85(1) of the EC
Treaty Ð the Court, composed of G. C. Rodríguez                                       (Language of the case: French)
Iglesias, President, C. Gulmann and R. Schintgen
(Rapporteur), Presidents of Chambers, G. F. Mancini, J. C.
Moitinho de Almeida, P. J. G. Kapteyn, D. A. O. Edward,                (Provisional translation; the definitive translation will be
J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón, Judges,                      published in the European Court Reports)
G. Tesauro, Advocate General; H. von Holstein,
Administrator, for the Registrar, has given a judgment on            In Case C-136/95: reference to the Court under Article 177
28 April 1998 in which it has ruled:                                 of the EC Treaty from the French Cour de Cassation