26By way of converse inference from the latter part of that contention, SENA argues that the Community legislature has denied the Member States the right unilaterally to lay down the criteria for determining what constitutes equitable remuneration and thus the amount thereof. It bases that argument on the judgment in Case C-293/98 Egeda [2000] ECR I-629, in which the Court held that 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 (OJ 1993 L 248, p. 15) does not harmonise copyright provisions fully but only on a minimal basis. SENA infers from this, by analogy, that Directive 92/100, the specific purpose of which is to introduce and guarantee a right, enshrined in Article 8(2), to equitable remuneration for the use of commercial phonograms harmonises the existence and the scope of that right.
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