CJEU

The Court of Justice of the European Union (CJEU) is an institution of the European Union (EU).  It is responsible, inter alia, for ensuring that EU law is interpreted and applied in a consistent way in all EU countries.  If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification.  The same mechanism can be used to determine whether a national law or practice is compatible with EU law.  The CJEU also resolves legal disputes between national governments and EU institutions, and can take action against EU institutions on behalf of individuals, companies or organisations.

Case Law, CJEU, Collective management, European Union, France, Legislative process, Reproduction (right of)

(REALEX)/ /Leave a comment

The French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for out-of-commerce books, in Articles L.134-1 to L.134-9 French intellectual property Code (‘IPC’). These new provisions were intended to allow the digitisation and reissuing of books that are…

Brexit, Case Law, CJEU, European Union, France, Germany, Legislative process, Neighbouring rights, United Kingdom

/ /Leave a comment

2016 was a busy year for European copyright law. Unsurprisingly, Brexit and its potential impact on copyright in Europe and the UK was one of the most popular topics on the Kluwer Copyright Blog. Other hot topics included the much-anticipated CJEU judgment in the GS Media case and the ongoing EU copyright reform.  We provide a countdown below…

Case Law, CJEU, Exceptions and Limitations, Legislative process, Private copying, Spain

(Elzaburu)/ /Leave a comment

A full report of this case has been published on Kluwer IP Law. The Spanish Supreme Court annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law.  The system that had been in place until…

Case Law, CJEU, European Union, Exceptions and Limitations, Legislative process, Private copying, Reimbursement, Remuneration (equitable), Spain

(Elzaburu)/ /Leave a comment

The Spanish Supreme Court has annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are incompatible with EU law. The system that had been in place up until now was analysed by the CJEU through a number of questions…

Case Law, CJEU, European Union, Exceptions and Limitations, Italy, Private copying, Remuneration (equitable)

(Institute for Information Law (IViR))/ /Leave a comment

Background, Facts, and Questions On 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 – Microsoft Mobile Sales International and others. (The case was formerly known as Nokia Italia and Others before Nokia Italia SpA changed its name to Microsoft Mobile Sales International Oy.) This is yet…

Case Law, CJEU, Duration, European Union, Netherlands

(Elzaburu)/ /Leave a comment

A full report of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The Court of Justice of the European Union concluded that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect of restoring or…

Brexit, CJEU, European Union, Legislative process, Originality, United Kingdom

, (Bristows LLP)/ /Leave a comment

As discussed in this blog post, the impact which Brexit has on the UK’s copyright regime will largely depend on the exact form that Brexit takes. Whilst copyright has remained far less harmonised across EU member states than other IP rights, one aspect of UK law which has been affected by the EU is the…

Case Law, CJEU, European Union, Exceptions and Limitations, Netherlands, Remuneration (equitable)

(Institute for Information Law (IViR))/ /Leave a comment

Yes, e-lending can land itself a spot under the public lending right. That is what the European Court of Justice held in its preliminary ruling in the case between Vereniging Openbare Bibliotheken v. Stichting Leenrecht (10 November 2016, case C‑174/15). The decision clarifies the Rental and Lending Rights Directive’s scope of application. It is an…

Case Law, CJEU, Duration, European Union, Netherlands

(Elzaburu)/ /Leave a comment

In a recent decision (case C-169/15), the Court of Justice of the European Union has ruled that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect of restoring or reviving rights that, prior to its entry into force (1 July 1995), were for any reason in the…

Case Law, CJEU, Exceptions and Limitations, Germany, Infringement

(NORDEMANN) and (University of Frankfurt)/ /Leave a comment

Decision of the German Bundesgerichtshof of July 28, 2016, file no. I ZR 9/15: “Auf fett getrimmt” (“trimmed to the fat”). In accordance with the CJEU decision in Deckmyn v. Vrijheidsfonds/Vandersteen (C-201/13), the Bundesgerichtshof (“BGH”) as Germany’s highest civil court supported a broad interpretation of the term “parody” in its recent decision “Auf fett getrimmt”,…