Reference for a preliminary ruling from the Cour de Cassation de Belgique by judgment of that court of 4 April 2005, in URADEX SCRL v Union Professionelle de la Radio et de la Télédistribution, abbreviated as RTD and Société Intercommunale pour la Diffusion de la Télévision, abbreviated as BRUTELE

(Case C-169/05)

(2005/C 143/44)

Language of the case: French

Reference has been made to the Court of Justice of the European Communities by judgment of the Cour de Cassation de Belgique (Belgium) of 4 April 2005, received at the Court Registry on 15 April 2005, for a preliminary ruling in the proceedings between URADEX SCRL v Union Professionelle de la Radio et de la Télédistribution, abbreviated as RTD and Société Intercommunale pour la Diffusion de la Télévision, abbreviated as BRUTELE, on the following question:

Must Article 9(2) of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (1) be interpreted as meaning that, where a collecting society is deemed to be mandated to manage the rights of a copyright owner or holder of related rights who has not transferred the management of his rights to a collecting society, that society does not have the power to exercise that rightholder's right to grant or refuse authorisation to a cable operator for cable retransmission, since it is mandated only to manage the pecuniary aspects of that rightholder's rights?

(1)  OJ L 248 of 6.10.1993, p. 15.