EuGH · C-270/86

Parties Operative part 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 .