CELEX: C1999/246/09
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of 29 June 1999 in Case C-60/98 (reference for a preliminary ruling from the Tribunale Civile e Penale, Milan): Butterfly Music Srl v Carosello Edizioni Musicali e Discografiche Srl (CEMED) (Copyright and related rights - Directive 93/98/EEC - Harmonisation of the term of protection)

28.8.1999                EN                      Official Journal of the European Communities                                            C 246/5
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Sixth Chamber)                                                             of 29 June 1999
                                                                            in Case C-60/98 (reference for a preliminary ruling from
                           of 29 June 1999                                  the Tribunale Civile e Penale, Milan): Butterfly Music
                                                                            Srl v Carosello Edizioni Musicali e Discografiche Srl
                                                                                                        (CEMED) (1)
in Case C-256/97 (reference for a preliminary ruling from
the Tribunal de Commerce de Bruxelles): relating to
   Déménagements-Manutention Transport SA (DMT) (1)                         (Copyright and related rights — Directive 93/98/EEC —
                                                                                       Harmonisation of the term of protection)
(Article 92 of the EC Treaty (now, after amendment, Article
87 EC) — Concept of State aid — Payment facilities granted                                            (1999/C 246/09)
by a public body responsible for collecting employers’ and
              workers’ social security contributions)
                                                                                                (Language of the case: Italian)
                           (1999/C 246/08)
                                                                            (Provisional translation: the definitive translation will be published
                                                                                               in the European Court Reports)
                     (Language of the case: French)
                                                                            In Case C-60/98: reference to the Court under Article 234 EC
                                                                            (ex Article 177) of the EC Treaty from the Tribunale Civile e
(Provisional translation: the definitive translation will be published      Penale (Civil and Criminal District Court), Milan for a prelimi-
                    in the European Court Reports)                          nary ruling in the proceedings pending before that court
                                                                            between Butterfly Music Srl and Carosello Edizioni Musicali e
                                                                            Discografiche Srl (CEMED), intervener: Federazione Industria
                                                                            Musicale Italiana (FIMI) — on the interpretation of Article
In Case C-256/97: reference to the Court under Article 234 EC               10 of Council Directive 93/98/EEC of 29 October 1993
(ex Article 177) by the Tribunal de Commerce, Brussels,                     harmonising the term of protection of copyright and certain
Belgium, for a preliminary ruling in the proceedings pending                related rights (OJ 1993 L 290, p. 9) — the Court, composed
before that court relating to Déménagements-Manutention                     of: G.C. Rodriguez Iglesias, President, P.J.G. Kapteyn,
Transport SA (DMT), on the interpretation of Article 92 of the              J.-P. Puissochet (Rapporteur), G. Hirsch and P. Jann, Presidents
EC Treaty (now, after amendment, Article 87 EC) — the Court                 of Chambers, G.F. Mancini, J.C. Moitinho de Almeida, C. Gul-
(Sixth Chamber), composed of: P.J.G. Kapteyn, President of                  mann, J.L. Murray, D.A.O. Edward and L. Sevón, Judges;
Chamber, G. Hirsch (Rapporteur) and J.L. Murray, Judges;                    G. Cosmas, Advocate General; L. Hewlett, Administrator, for
F.G. Jacobs, Advocate General; D. Louterman-Hubeau, Princi-                 the Registrar, has given a judgment on 29 June 1999, in which
pal Administrator, for the Registrar, has given a judgment on               it has ruled:
29 June 1999, in which it has ruled:
                                                                            Article 10(3) of Council Directive 93/98/EEC of 29 October 1993
Payment facilities in respect of social security contributions granted      harmonising the term of protection of copyright and certain related
in a discretionary manner to an undertaking by the body responsible         rights does not preclude a provision of national law such as the
for collecting such contributions constitute State aid for the purposes     provision which, in Italian Law No 52 of 6 February 1996, as
of Article 92(1) of the EC Treaty (now, after amendment, Article            amended by Italian Law No 650 of 23 December 1996, lays down
87(1) EC) if, having regard to the size of the economic advantage so        a limited period in which sound-recording media may be distributed
conferred, the undertaking would manifestly have been unable to             by persons who, by reason of the expiry of the rights relating to those
obtain comparable facilities from a private creditor in the same            media under the previous legislation, had been able to reproduce and
situation vis-à-vis that undertaking as the collecting body.                market them before that Law entered into force.
(1) OJ C 271 of 6.9.1997.                                                   (1) OJ C 137 of 2.5.1998.