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Judgment of the Court (Fourth Chamber) of 12 December 1990. # J. Cholay and société "Bizon's Club" v Société des auteurs, compositeurs et éditeurs de musique (SACEM). # Reference for a preliminary ruling: Cour d'appel de Paris - France. # Copyright management - Disparities between national laws. # Case C-270/86.
ECLI:EU:C:1990:453
61986CJ0270
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61986J0270
European Court reports 1990 Page I-04607 Pub.RJ Page Pub somm
Summary
Free movement of goods - Industrial and commercial property - Copyright - National legislation permitting the charging, on the public use of imported sound recordings, in addition to the performance royalty, of a supplementary reproduction royalty not provided for in the legislation of the Member State of origin - Permissibility (EEC Treaty, Arts 30 and 36)
Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a "supplementary mechanical reproduction fee", in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the Member State where those sound recordings were lawfully placed on the market.
(In this judgment the Court answers a question on Articles 30 and 36 of the Treaty in the same terms as in Case 402/85 Basset v Sacem [1987] ECR 1747, in which substantially the same question was referred to it.)
Parties
In Case C-270/86,
REFERENCE to the Court pursuant to Article 177 of the EEC Treaty by the Cour d' appel, Paris, for a preliminary ruling in the proceedings pending before that court between
J . Cholay,
Société "Bizon' s Club"
Société des auteurs, compositeurs et éditeurs de musique ( Sacem ),
on the interpretation of Articles 30 and 36 of the said Treaty,
THE COURT ( Fourth Chamber ),
composed of : M . Díez de Velasco, President of Chamber, C . N . Kakouris and P . J . G . Kapteyn, Judges,
Advocate General : C . O . Lenz
Registrar : J . A . Pompe, Deputy Registrar,
( The grounds of the judgment are not reproduced .)
in answer to the question submitted to it by the Cour d' appel, Paris, by judgment of 9 April 1986, as interpreted by judgment of 21 January 1987, hereby rules :
Operative part
Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a "supplementary mechanical reproduction fee", in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the Member State where those sound recordings were lawfully placed on the market.