JUDGMENT OF THE COURT

(Second Chamber)

of 30 June 2005

in Case C-28/04 (Reference for a preliminary ruling from the Tribunal de grande instance de Paris): Tod's SpA, Tod's France SARL v Heyraud SA (1)

(Equal treatment - Principle of non-discrimination on grounds of nationality - Copyright and related rights)

(2005/C 205/07)

Language of the case: French

In Case C-28/04: reference for a preliminary ruling under Article 234 EC from the Tribunal de grande instance de Paris (France), made by decision of 5 December 2003, received at the Court on 28 January 2004, in the proceedings between Tod's SpA, Tod's France SARL and Heyraud SA, intervener: Technisynthèse, the Court: (Second Chamber), composed of C.W.A. Timmermans (Rapporteur), President of the Chamber, R. Silva de Lapuerta, R. Schintgen, P. Kūris and G. Arestis, Judges; F.G. Jacobs, Advocate General: R. Grass, Registrar, gave a judgment on 30 June 2005, in which it ruled:

Article 12 EC, which lays down the general principle of non-discrimination on grounds of nationality, must be interpreted as meaning that the right of an author to claim in a Member State the copyright protection afforded by the law of that State may not be subject to a distinguishing criterion based on the country of origin of the work.

(1)  OJ C 71 of 20.03.2004