CELEX: C2007/315/06
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-20/05: Judgment of the Court (Third Chamber) of 8 November 2007 (reference for a preliminary ruling from the Tribunale di Forlì — Italy) — Criminal proceedings against Karl Josef Wilhelm Schwibbert (Directive 98/34/EC — Procedure for the provision of information in the field of technical standards and regulations — Obligation to communicate draft technical regulations — National law requiring the distinctive sign of the national body responsible for collecting copyright royalties to be affixed to compact discs placed on the market — Definition of technical regulation )

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/4
            
         Judgment of the Court (Third Chamber) of 8 November 2007 (reference for a preliminary ruling from the Tribunale di Forlì — Italy) — Criminal proceedings against Karl Josef Wilhelm Schwibbert
   (Case C-20/05) (1)
   
   (Directive 98/34/EC - Procedure for the provision of information in the field of technical standards and regulations - Obligation to communicate draft technical regulations - National law requiring the distinctive sign of the national body responsible for collecting copyright royalties to be affixed to compact discs placed on the market - Definition of ‘technical regulation’)
   (2007/C 315/06)
   Language of the case: Italian
   Referring court
   Tribunale di Forlì
   Party in the main criminal proceedings
   Karl Josef Wilhelm Schwibbert
   Re:
   Reference for a preliminary ruling — Tribunale di Forlì — Interpretation of Article 3 EC and Articles 23 EC to 27 EC and of 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 (OJ 1992 L 346, p. 61) — Compatibility of a national law imposing the obligation to affix to all recordings of cinematographic or audiovisual work put on sale the sign of the national body responsible for collecting royalties
   Operative part of the judgment
   Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, must be interpreted as meaning that national provisions such as those at issue in the main proceedings — in so far as such provisions introduced, after the implementation of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, the obligation to affix the distinctive sign ‘SIAE’ to compact discs of works of figurative art for the purposes of marketing them in the Member State concerned — constitute a technical regulation which, if not notified to the Commission, cannot be invoked against an individual.
   
      (1)  OJ C 93, 16.4.2007.