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Coditel v. Cine Vog Films

European Union Court of Justice
Case No. 62/79 (1980)

Written by Jody Stuart, JD

Facts

Les Films la Boetie (Boetie) (defendant), owner of all rights in the film Le Boucher, assigned Cine Vog Films (Cine) (plaintiff) the exclusive right to distribute the film in Belgium for seven years. The agreement specified that the assigned exclusive right included the right to show the film in Belgium in cinemas and on television, but the right to broadcast the film on television could not be exercised for at least 40 months after the film’s first cinema showing in Belgium. One year after Cine started showing the film in Belgian cinemas, a German television channel broadcast the film with Boetie’s consent in a broadcast that reached Belgium. Coditel (defendant) transmitted the broadcast over its cable network in Belgium. Cine sued Coditel and Boetie in Belgian court. The national court requested a preliminary ruling from the European Union Court of Justice regarding Article 59 of the European Economic Community Treaty (EEC Treaty).

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Holding and Reasoning (Per curiam)

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