Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING AN EQUIVALENT EFFECT - PROHIBITION OF SIMULTANEOUS EXPLOITATION OF FILMS IN CINEMAS AND IN VIDEO-CASSETTE FORM - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 30 )

2 . COMMUNITY LAW - PRINCIPLES - FUNDAMENTAL RIGHTS - OBSERVANCE ENSURED BY THE COURT - COMPATIBILITY OF NATIONAL LEGISLATION WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS - ASSESSMENT BY THE COURT - NOT POSSIBLE

Summary

1 . ARTICLE 30 OF THE EEC TREATY DOES NOT APPLY TO NATIONAL LEGISLATION WHICH REGULATES THE DISTRIBUTION OF CINETAMOGRAPHIC WORKS BY IMPOSING AN INTERVAL BETWEEN ONE MODE OF DISTRIBUTING SUCH WORKS AND ANOTHER BY PROHIBITING THEIR SIMULTANEOUS EXPLOITATION IN CINEMAS AND IN VIDEO-CASSETTE FORM FOR A LIMITED PERIOD , PROVIDED THAT THE PROHIBITION APPLIES TO ALL VIDEO-CASSETTES , WHETHER MANUFACTURED IN THE NATIONAL TERRITORY OR IMPORTED , AND ANY BARRIERS TO INTRA-COMMUNITY TRADE TO WHICH ITS IMPLEMENTATION MAY GIVE RISE DO NOT EXCEED WHAT IS NECESSARY FOR ENSURING THAT THE EXPLOITATION IN CINEMAS OF CINEMATOGRAPHIC WORKS OF ALL ORIGINS RETAINS PRIORITY OVER OTHER MEANS OF DISTRIBUTION .

2 . ALTHOUGH IT IS THE DUTY OF THE COURT TO ENSURE OBSERVANCE OF FUNDAMENTAL RIGHTS IN THE FIELD OF COMMUNITY LAW , IT HAS NO POWER TO EXAMINE THE COMPATIBILITY WITH THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF NATIONAL LEGISLATION WHICH CONCERNS AN AREA WITHIN THE REMIT OF THE NATIONAL LEGISLATOR .