C-20/05

Schwibbert

The Court is requested under Article 234 of the EC Treaty

• to formulate an order for reference to obtain an interpretation of Council Directive 92/100/EC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, of Article 3 of the EC Treaty with regard to the prohibition as between Member States 'of customs duties' and 'quantitative restrictions on the import and export of goods' and 'all other measures having equivalent effect', and of Articles 23 to 27 EC in order to determine whether affixing the sign of the Italian Society of Authors & Publishers (SIAE) must be regarded as a measure having equivalent effect within the meaning of the Treaty;
• to formulate the order for reference so that it also relates to the interpretation of Council Directive 83/189/EEC of 28 march 1983 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Council Directive 88/182/EEC of 22 March 1988, in order to determine whether affixing the SIAE mark falls within the scope of that directive;
• to stay the present proceedings, as required by law.