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Document C2005/205/07

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

    ĠU C 205, 20.8.2005, p. 4–4 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    20.8.2005   

    EN

    Official Journal of the European Union

    C 205/4


    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


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