G. Basset v Société des auteurs, compositeurs et éditeurs de musique (SACEM).

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Koopmans
• ECLI: ECLI:EU:C:1987:197
• Docket Number: 402/85
• Date: 09 April 1987
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61985J0402

Judgment of the Court of 9 April 1987. - G. Basset v Société des auteurs, compositeurs et éditeurs de musique (SACEM). - Reference for a preliminary ruling: Cour d'appel de Versailles - France. - Copyright management - Disparities between national laws. - Case 402/85.

European Court reports 1987 Page 01747

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1 . 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 MEMBER STATE OF ORIGIN - PERMISSIBILITY

( EEC TREATY, ARTS . 30 AND 36 )

2 . COMPETITION - DOMINANT POSITION - COPYRIGHT MANAGEMENT SOCIETY ENJOYING A DE FACTO MONOPOLY - 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 MEMBER STATE OF ORIGIN - NO ABUSE .

( EEC TREATY, ART . 86 )

Summary

1 . 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 .

2 . THE PROHIBITIONS LAID DOWN IN ARTICLE 86 OF THE EEC TREATY, PROPERLY CONSTRUED, DO NOT APPLY TO THE CONDUCT OF A NATIONAL COPYRIGHT-MANAGEMENT SOCIETY SIMPLY BECAUSE IT CHARGES 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 .

Parties

IN CASE 402/85

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR D' APPEL ( COURT OF APPEAL ), VERSAILLES, FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN

G . BASSET, RESIDING AT FREJUS ( FRANCE ),

AND

SOCIETE DES AUTEURS, COMPOSITEURS ET EDITEURS DE MUSIQUE ( SACEM ), PARIS,

ON THE INTERPRETATION OF ARTICLES 30, 36 AND 86 OF THE EEC TREATY,

THE COURT

COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, T.*F . O' HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), G . BOSCO, T . KOOPMANS, O . DUE, K . BAHLMANN, R . JOLIET AND G.*C . RODRIGUEZ IGLESIAS, JUDGES,

ADVOCATE GENERAL : C.*O . LENZ

REGISTRAR : B . PASTOR, ADMINISTRATOR

AFTER CONSIDERING THE OBSERVATIONS SUBMITTED ON BEHALF OF :

G . BASSET, THE APPELLANT IN THE MAIN PROCEEDINGS, REPRESENTED BY P . MONTIER, OF THE PARIS BAR,

SACEM, THE RESPONDENT IN THE MAIN PROCEEDINGS, REPRESENTED BY O . CARMET AND G . KIEJMAN, OF THE PARIS BAR,

THE GOVERNMENT OF THE FRENCH REPUBLIC, REPRESENTED BY E . BELLIARD AND J . MYARD, ACTING AS AGENTS,

THE GOVERNMENT OF THE ITALIAN REPUBLIC, REPRESENTED BY L . FERRARI BRAVO, HEAD OF THE SERVIZIO DEL CONTENZIOSO DIPLOMATICO, ACTING AS AGENT, ASSISTED BY O . FIUMARA, AVVOCATO DELLO STATO,

THE COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY G . MARENCO, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT,

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 17 DECEMBER 1986,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 24 FEBRUARY 1987,

GIVES THE FOLLOWING

JUDGMENT

Grounds

1 BY A JUDGMENT OF 20 NOVEMBER 1985, WHICH WAS RECEIVED AT THE COURT ON 5 DECEMBER 1985, THE COUR D' APPEL ( COURT OF APPEAL ), VERSAILLES, REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLES 30, 36 AND 86 OF THE TREATY WITH A VIEW TO DETERMINING THE COMPATIBILITY WITH THOSE PROVISIONS OF THE...