21.7.2007   

EN

Official Journal of the European Union

C 170/13

Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 16 May 2007 — Sony Music Entertainment (Germany) GmbH v Falcon Neue Medien Vertrieb GmbH

(Case C-240/07)

(2007/C 170/23)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant: Sony Music Entertainment (Germany) GmbH

Respondent: Falcon Neue Medien Vertrieb GmbH

Questions referred

1.

Does the term of protection granted by Directive 2006/116/EC (1) of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (Directive 2006/116) under the conditions set out in Article 10(2) thereof apply also in the case of subject-matter that has not at any time been protected in the Member State in which protection is sought?

2.

If Question 1 is to be answered in the affirmative:

(a)

Do national provisions governing the protection of rightholders who are not Community nationals constitute national provisions within the meaning of Article 10(2) of Directive 2006/116?

(b)

Does the term of protection granted pursuant to Article 10(2) of Directive 2006/116 also apply to subject-matter that, on the date specified in Article 10(1) of that directive, fulfilled the criteria set out in Council Directive 92/100/EEC (2) of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, but whose rightholder is not a Community national?

(1)  OJ L 372, p. 12.

(2)  OJ L 346, p. 61.