JUDGMENT OF 15. 6. 1976 — CASE 86/75 EMI RECORDS v CBS GRAMMOFON

In Case 86/75 Reference to the Court under Article 177 of the EEC Treaty by the Sø- og Handelsret, Copenhagen, (the Admiralty and Commercial Court, Copenhagen) for a preliminary ruling in the action pending before that court between

THE COURT composed of R. Lecourt, President, H. Kutscher and A. O' Keeffe, Presidents of Chambers, A. M. Donner, J. Mertens de Wilmars, M. Sørensen and F. Capotorti, Judges, Advocate-General: J. P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

I — Facts and written procedure

II — Written observations submitted under Article 20 of the Protocol on the Statute of the Court of Justice

A — Written observations submitted by EMI Records Limited

1. On the rules of the Treaty relating to the free movement of goods:

2. On the rules on competition

(i) On Article 85 of the Treaty

(ii) On Article 86 of the Treaty

B — Written observations submitted by CBS United Kingdom Limited, CBS Grammofon A/S and CBS Schallplatten GmbH

1. On the provisions of the Treaty relating to the free movement of goods

2. On the rules on competition

(i) On Article 85 of the Treaty

(ii) On Article 86 of the Treaty

C — Written observations submitted by the Belgian Government (Case 96/75)

D — Written observations submitted by the Danish Government

E — Written observations submitted by the Government of the Federal Republic of Germany

F — Written observations submitted by the French Government

G — Written observations submitted by the Irish Government

H — Written observations submitted by the Netherlands Government

I — Written observations submitted by the Government of the United Kingdom

J — Written observations submitted by the Commission of the European Communities

III — Oral procedure

Law

1. With regard to the free movement of goods

2. With regard to competition

Costs