Judgment of the Court (Fourth Chamber) of 12 December 1990.#J. Cholay and société "Bizon's Club" v Société des auteurs, compositeurs et éditeurs de musique (SACEM).#Reference for a preliminary ruling: Cour d'appel de Paris - France.#Copyright management - Disparities between national laws.#Case C-270/86.

Parties

In Case C-270/86,

REFERENCE to the Court pursuant to Article 177 of the EEC Treaty by the Cour d' appel, Paris, for a preliminary ruling in the proceedings pending before that court between

J . Cholay,

Société "Bizon' s Club"

and

Société des auteurs, compositeurs et éditeurs de musique ( Sacem ),

on the interpretation of Articles 30 and 36 of the said Treaty,

THE COURT ( Fourth Chamber ),

composed of : M . Díez de Velasco, President of Chamber, C . N . Kakouris and P . J . G . Kapteyn, Judges,

Advocate General : C . O . Lenz

Registrar : J . A . Pompe, Deputy Registrar,

( The grounds of the judgment are not reproduced .)

in answer to the question submitted to it by the Cour d' appel, Paris, by judgment of 9 April 1986, as interpreted by judgment of 21 January 1987, hereby rules :

Operative part

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 .