CELEX: C1998/340/02
Language: en
Date: 1998-11-07 00:00:00
Title: JUDGMENT OF THE COURT of 22 September 1998 in Case C-61/97 (reference for a preliminary ruling from Retten i Ålborg): Foreningen af danske Videogramdistributører, acting for Egmont Film A/S and Others v. Laserdisken (Copyright and related rights - Videodisc rental)

7.11.98              EN                  Official Journal of the European Communities                                       C 340/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  the premiums granted to purchasers of leaf tobacco, the
                      (Fifth Chamber)                                derived intervention prices for baled tobacco, the reference
                                                                     qualities, the production areas and the guaranteed
                   of 17 September 1998                              maximum quantities and amending Regulation (EEC)
in Case C-372/96 (reference for a preliminary ruling from            No 1331/90.
the Pretura Circondariale di Caserta): Antonio Pontillo v.
                       Donatab Srl (1)                               (1) OJ C 40 of 8.2.1997.
(Common organisation of the markets Ð Raw tobacco Ð
System of prices and premiums Ð Validity of Council
               Regulation (EEC) No 1738/91)
                       (98/C 340/01)
                                                                                   JUDGMENT OF THE COURT
               (Language of the case: Italian)
                                                                                         of 22 September 1998
                                                                     in Case C-61/97 (reference for a preliminary ruling from
 (Provisional translation; the definitive translation will be
                                                                     Retten i lborg): Foreningen af danske Videogram-
         published in the European Court Reports)
                                                                     distributùrer, acting for Egmont Film A/S and Others v.
                                                                                              Laserdisken (1)
In Case C-372/96: reference to the Court under Article 177
of the EC Treaty from the Pretura Circondariale di                        (Copyright and related rights Ð Videodisc rental)
Caserta (Caserta Magistrates' Court) (Italy), for a                                           (98/C 340/02)
preliminary ruling in the proceedings pending before that
court between Antonio Pontillo and Donatab Srl Ð on the                             (Language of the case: Danish)
validity of Council Regulation (EEC) No 1738/91 of
13 June 1991 fixing, for the 1991 harvest, the norm and
intervention prices and the premiums granted to                        (Provisional translation; the definitive translation will be
purchasers of leaf tobacco, the derived intervention prices                   published in the European Court Reports)
for baled tobacco, the reference qualities, the production
areas and the guaranteed maximum quantities and                      In Case C-61/97: reference to the Court under Article 177
amending Regulation (EEC) No 1331/90 (OJ L 163 of                    of the EC Treaty from Retten i lborg (Court of First
26.6.1991, p. 13) Ð the Court (Fifth Chamber),                       Instance, lborg) (Denmark), for a preliminary ruling in
composed of: C. Gulmann, President of the Chamber, M.                the proceedings pending before that court between
Wathelet, J. C. Moitinho de Almeida (Rapporteur),                    Foreningen af danske Videogramdistributùrer, acting for
D. A. O. Edward and J.-P. Puissochet, Judges; J. Mischo,             Egmont Film A/S, Buena Vista Home Entertainment,
Advocate General; H. von Holstein, Deputy Registrar, for             Scanbox Danmark, Metronome Video, Polygram Records,
the Registrar, has given a judgment on 17 September                  Nordisk Film Video, Irish Video, Warner Home Video and
1998, in which it has ruled:                                         Laserdisken, supported by: Sammenslutningen af Danske
                                                                     Filminstruktùrer, Michael Viuf Christiansen, Pioneer
Consideration of the questions submitted has disclosed no            Electronics Denmark A/S, Videoforhandler Ove Jensen Ð
factor of such a kind as to affect the validity of Council           on the interpretation of Articles 30, 36, 85 and 86 of the
Regulation (EEC) No 1738/91 of 13 June 1991 fixing, for              EC Treaty and of Council Directive 92/100/EEC of
the 1991 harvest, the norm and intervention prices and               19 November 1992 on rental right and lending right and
 ---pagebreak--- C 340/2               EN                Official Journal of the European Communities                                      7.11.98
on certain rights related to copyright in the field of             working conditions requires Member States to introduce
intellectual property (OJ L 346 of 27.11.1992, p. 61) Ð            into their national legal systems such measures as are
the Court, composed of: G. C. Rodríguez Iglesias,                  necessary to ensure judicial protection for workers whose
President, C. Gulmann, M. Wathelet and R. Schintgen                employer, after the employment relationship has ended,
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho            refuses to provide references as a reaction to legal
de Almeida, J. L. Murray, J.-P. Puissochet (Rapporteur),           proceedings brought to enforce compliance with the
G. Hirsch, L. Sevón and K. M. Ioannou, Judges; A. La               principle of equal treatment within the meaning of that
Pergola, Advocate General; H. von Holstein, Deputy                 directive.
Registrar, for the Registrar, has given a judgment on
22 September 1998, in which it has ruled:                          (1) OJ C 212 of 12.7.1997.
It is not contrary to Articles 30 and 36 of the Treaty or to
Council Directive 92/100/EEC of 19 November 1992 on
rental right and lending right and on certain rights related
to copyright in the field of intellectual property for the
holder of an exclusive rental right to prohibit copies of a                       JUDGMENT OF THE COURT
film from being offered for rental in a Member State even
where the offering of those copies for rental has been                                   (Second Chamber)
authorised in the territory of another Member State.                                   of 24 September 1998
                                                                   in Case C-319/96 (reference for a preliminary ruling from
(1) OJ C 108 of 5.4.1997.
                                                                   the éstre Landsret): Brinkmann Tabakfabriken GmbH v.
                                                                                         Skatteministeriet (1)
                                                                   (Tax on the consumption of manufactured tobacco Ð
                                                                   Directive 79/32/EEC Ð Cigarettes Ð Smoking tobacco Ð
                                                                   Concept Ð Non-contractual liability of a Member State
                                                                                   for breach of Community law)
              JUDGMENT OF THE COURT
                    of 22 September 1998                                                    (98/C 340/04)
in Case C-185/97 (reference for a preliminary ruling from
the Employment Appeal Tribunal, London): Belinda Jane                              (Language of the case: Danish)
            Coote v. Granada Hospitality Ltd (1)
(Council Directive 76/207/EEC Ð Refusal of an employer               (Provisional translation; the definitive translation will be
to provide references for a former employee who was                          published in the European Court Reports)
                          dismissed)
                        (98/C 340/03)                              In Case C-319/96: reference to the Court under Article 177
                                                                   of the EC Treaty from the éstre Landsret (Danish Eastern
                                                                   Regional Court) (Denmark), for a preliminary ruling in
               (Language of the case: English)
                                                                   the proceedings pending before that court between
                                                                   Brinkmann Tabakfabriken GmbH and Skatteministeriet Ð
In Case C-185/97: reference to the Court under Article 177         on the interpretation of Articles 3(1) and 4(1) of the
of the EC Treaty from the Employment Appeal Tribunal,              Second Council Directive (79/32/EEC) of 18 December
London, for a preliminary ruling in the proceedings                1978 on taxes other than turnover taxes which affect the
pending before that tribunal between Belinda Jane Coote            consumption of manufactured tobacco (OJ L 10 of
and Granada Hospitality Ltd Ð on the interpretation of             16.1.1979, p. 8), and of the principle of a State's non-
Council Directive 76/207/EEC of 9 February 1976 on the             contractual liability for damage caused to individuals by a
implementation of the principle of equal treatment for             breach of Community law attributable to that State Ð the
men and women as regards access to employment,                     Court (Second Chamber), composed of: R. Schintgen,
vocational training and promotion, and working                     President of the Chamber, G. F. Mancini and G. Hirsch
conditions (OJ L 39 of 14.2.1976, p. 40) Ð the Court,              (Rapporteur), Judges; F. G. Jacobs, Advocate General;
composed of: G. C. Rodríguez Iglesias, President, H.               H. von Holstein, Deputy Registrar, for the Registrar, has
Ragnemalm and R. Schintgen (Presidents of Chambers),               given a judgment on 24 September 1998, in which it has
G. F. Mancini, J. C. Moitinho de Almeida (Rapporteur),             ruled:
J. L. Murray, D. A. O. Edward, J.-P. Puissochet, G.
Hirsch, P. Jann and K. M. Ioannou, Judges; J. Mischo,
                                                                   1. Articles 3(1) and 4(1) of the Second Council Directive
Advocate General; D. Louterman-Hubeau, Principal
                                                                        (79/32/EEC) of 18 December 1978 on taxes other
Administrator, for the Registrar, has given a judgment on
                                                                        than turnover taxes which affect the consumption of
22 September 1998, in which it has ruled:
                                                                        manufactured tobacco, in the version in force in May
                                                                        1990, are to be interpreted as meaning that rolls of
Article 6 of Council Directive 76/207/EEC of 9 February                 tobacco wrapped in porous cellulose which have to be
1976 on the implementation of the principle of equal                    inserted into cigarette-paper tubes to be smoked must
treatment for men and women as regards access to                        be deemed to be smoking tobacco within the meaning
employment, vocational training and promotion, and                      of Article 4(1) of that directive.