CELEX: C1997/108/25
Language: en
Date: 1997-04-05 00:00:00
Title: Reference for a preliminary ruling from Retten i Aalborg, by a letter of 7 February 1997 in the case of Foreningen af danske Videogramdistributører, acting for Egmont Film A/S, Buena Vista Home Entertainment A/S, Scanbox Danmark A/S, Metronome Video A/S, Polygram Records A/S, Nordisk Film Video A/S, Irish Video A/S and Warner Home Video Inc., v. Laserdisken, in the person of Hans Kristian Pedersen, Interveners: Sammenslutningen af Danske Filminstruktører, Michael Viuf Christiansen, Pioneer Electronics Denmark A/S and Videoforhandler Ove Jensen (Case C-61/97)

No C 108/ 14          EN                     Official Journal of the European Communities                                       5 . 4 . 97
Reference for a preliminary ruling from Retten i Aalborg,               Commission of the European Communities was brought
by a letter of 7 February 1997 in the case of Foreningen af             before the Court of Justice of the European Communities
danske Videogramdistributorer, acting for Egmont Film                   on 12 February 1997 by the Commission of the European
A/S, Buena Vista Home Entertainment A/S, Scanbox                        Communities, represented by Julian Currall, acting as
Danmark A/S, Metronome Video A/S, Polygram Records                      Agent, and Denis Waelbroeck, acting as advocate, with an
A/S, Nordisk Film Video A/S, Irish Video A/S and Warner                 address for service in Luxembourg at the office of C.
Home Video Inc., v. Laserdisken, in the person of Hans                  Gomez de la Cruz, of its Legal Service, Wagner Centre .
Kristian Pedersen, Interveners: Sammenslutningen af Dan­
ske Filminstruktorer, Michael Viuf Christiansen, Pioneer                The appellant claims that the Court should:
Electronics Denmark A/S and Videoforhandler Ove Jensen
                                                                        — annul the judgment delivered on 12 December 1996
                         ( Case C-61 /97)                                      by the Court of First Instance of the European
                           ( 97/C 108/25 )                                     Communities in Case T-33/95, Maria Lidia Lozano
                                                                               Palacios v. Commission of the European Communities,
Reference has been made to the Court of Justice of the                         inasmuch as it was held in that judgment that the
European Communities by letter of 7 February 1997 from                         respondent to the appeal was entitled to the
Retten i Aalborg (Aalborg Court), which was received at                        installation allowance provided for by the first
the Court Registry on 12 February 1997, for a preliminary                      subparagraph of Article 5 ( 1 ) of Annex VII to the Staff
ruling in the case between Foreningen af danske Video­                         Regulations merely because she was in receipt of the
gramdistributorer ( Association            of Danish Video                     expatriation allowance,
Distributors), acting for Egmont Film A/S and Others, and
                                                                        — make an appropriate order as to costs .
Laserdisken, in the person of Hans Kristian Pedersen,
Interveners: Sammenslutningen af Danske Filminstruktorer                Pleas in law and main arguments adduced in support:
(Union of Danish Film Directors ) and Others on the
following questions :                                                   The Court of First Instance erred in law in holding that
                                                                        the mere fact that the respondent to the appeal was
Do Article 30 of the EC Treaty, in conjunction with                     entitled to an expatriation allowance — because,
Article 36 , or Articles 85 to 86 preclude a person to                  technically, she fulfilled the conditions laid down in
whom the holder of the exclusive rights to a film has                   Article 4 ( 1 ) ( a ) of Annex VII to the Staff Regulations —
transferred an exclusive manufacturing and distribution                 meant that she satisfied, de facto, the conditions rendering
 right in respect of copies of the film in one Member State             her eligible for the installation allowance . The
 from giving consent to the rental of his own releases while            Commission considers that it is clear from the wording of
 at the same time preventing the rental of imported releases            Article 71 of the Staff Regulations, from the heading
 which have been placed on the market in another Member                 under which that article appears in the Staff Regulations
 State, where the holder of exclusive manufacturing and                 and from the title of Section 3 of Annex VII, of which the
 distribution rights in copies of the film has transferred               first subparagraph of Article 5 ( 1 ) forms part, that, like
 ownership of copies with tacit acceptance that the copies              the other allowances covered by Section 3 , the installation
 will be rented out in that latter Member State ?
                                                                         allowance is not a sum automatically added to the salary
                                                                         of the person concerned but is intended to cover expenses
 In view of the fact that Council Directive 92/ 100/EEC ( ] )            actually incurred or which may be incurred. The effect
 of 19 November 1992 on rental right and lending right                   and purpose of the installation allowance also militate in
 and on certain rights relating to copyright in the field of             favour of that interpretation .
 intellectual property has entered into force, the same
 question is repeated on the basis that the Directive is
 applicable to the reply.
  (') OJ No L 346, 27. 11 . 1992, p. 61 .                                Reference for a preliminary ruling by the Hoge Raad der
                                                                         Nederlanden, by judgment of that court of 7 February
                                                                          1997 in the case of 1 . Bayerische Motorenwerke AG and
                                                                                  2 . BMW Nederland BV v. Ronald Karel Deenik
                                                                                                   ( Case C-63/97 )
  Appeal brought on 12 February 1997 by the Commission
  of the European Communities against the judgment                                                   ( 97/C 108/27)
  delivered on 12 December 1996 by the Second Chamber
  of the Court of First Instance of the European                          Reference has been made to the Court of Justice of the
  Communities     in   Case T-33/95        between Maria Lidia            European Communities by judgment of the Hoge Raad
  Lozano Palacios and the Commission of the European                      der Nederlanden ( Supreme Court of the Netherlands ), of
                              Communities                                 7 February 1997, which was received at the Court
                         ( Case C-62/97 P                                 Registry on 13 February 1997, for a preliminary ruling in
                                                                          the case of 1 . Bayerische Motorenwerke AG and 2 . BMW
                             ( 97/C 108/26 )
                                                                          Nederland BV v. Ronald Karel Deenik on the following
                                                                          questions :
   An appeal against the judgment delivered on 12 December
   1996 by the Second Chamber of the Court of First                       ( a ) In view of the fact that, with regard to the rights
   Instance of the European Communities in Case T-33/95                         associated with a trade mark, Directive 89/104/EEC ( J )
   between    Maria     Lidia      Lozano     Palacios   and    the              contains a transitional legal provision only for the