Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

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61997J0061 European Court reports 1998 Page I-05171 6 20 While the third recital in the preamble to the Directive refers, in order to justify eliminating the differences between national laws, to the objective set out in Article 8a of the Treaty, namely to introduce an area without internal frontiers, the object of the Directive is, as the Court found in paragraph 22 of Metronome Musik, to establish harmonised legal protection in the Community for rental and lending right and certain rights related to copyright in the field of intellectual property. Here it draws a distinction between the specific rental and lending right, referred to in Article 1, and the distribution right, governed by Article 9 and defined as an exclusive right to make one of the objects in question available to the public, principally by way of sale. Whereas lending right is not exhausted by the sale or any other act of distribution of the object, distribution right, by contrast, is exhausted upon the first sale in the Community by the rightholder or with his consent (Metronome Musik, paragraph 19). 21 Thus the Directive expressly precludes the possibility that lending right, unlike distribution right, can be exhausted by any act of distribution of the object in question. As stated at paragraph 18 of this judgment, such exclusion is justified by the very nature of rental right, which would be rendered worthless if it were held to be exhausted as soon as the object was first offered for rental. 22 Accordingly, contrary to the submissions of the defendant and interveners in the main proceedings, it follows both from the interpretation of Articles 30 and 36 of the Treaty, as regards the protection of copyright, and from the interpretation of the Directive that the exclusive right to authorise or prohibit the rental of a film is not exhausted when it is first exercised in one of the Member States of the Community. The exercise of such a right in circumstances such as those described in the order for reference is therefore not contrary to those provisions. 23 The answer to be given to the national court must therefore be that it is not contrary to Articles 30 and 36 of the Treaty or to the Directive for the holder of an exclusive rental right to prohibit copies of a film from being offered for rental in a Member State even where the offering of those copies for rental has been authorised in the territory of another Member State. Costs 24 The costs incurred by the Danish, Finnish, French and United Kingdom Governments and the Commission of the European Communities, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. On those grounds, THE COURT, in answer to the questions referred to it by Retten i Ålborg by order of 7 February 1997, hereby rules: It is not contrary to Articles 30 and 36 of the EC 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 film from being offered for rental in a Member State even where the offering of those copies for rental has been authorised in the territory of another Member State. DOCNUM 61997J0061 © An extract from a JUSTIS database 230
61997J0061 European Court reports 1998 Page I-05171 7 AUTHOR Court of Justice of the European Communities FORM Judgment TREATY European Economic Community TYPDOC 6 ; CJUS ; cases ; 1997 ; J ; judgment PUBREF European Court reports 1998 Page I-05171 DOC 1998/09/22 LODGED 1997/02/12 JURCIT 61980J0055-N10 : N 13 61980J0055-N15 : N 13 61980J0058-N11 : N 13 61986J0158-N15 : N 15 61986J0158-N16 : N 15 61986J0158-N17 : N 16 61986J0158-N18 : N 16 61986J0158 : N 14 61987J0395-N12 : N 17 61987J0395-N13 : N 17 61990J0320-N06 : N 10 61990J0320-N07 : N 10 11992E008A : N 20 11992E030 : N 22 - 23 11992E036 : N 13 22 - 23 11992E085 : N 9 - 10 11992E086 : N 9 - 10 31992L0100-A01 : N 20 31992L0100-A09 : N 20 31992L0100 : N 19 - 23 61992O0157-N04 : N 10 61992O0157-N05 : N 10 61996J0200-N14 : N 13 61996J0200-N18 : N 17 21 61996J0200-N19 : N 20 61996J0200-N22 : N 20 61997C0061-N15 : N 18 CONCERNS Interprets 11992E030 Interprets 11992E036 Interprets 31992L0100 SUB Free movement of goods ; Quantitative restrictions ; Measures having equivalent effect ; Competition ; Rules applying to undertakings ; Dominant position AUTLANG Danish OBSERV Denmark ; France ; Finland ; United Kingdom ; Commission ; Member States ; Institutions © An extract from a JUSTIS database 231
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