Feels like judgement number 157 on fair compensation under the InfoSoc Directive... but this one does feel especially important, as it talks about the direct effect of article 5(2)(a) and (b) and the possibility of direct claims by individuals in court on this basis.
Here's the operative part:
Article 5(2)(a) and (b) of Directive 2001/29
1... must be interpreted as meaning that an individual may rely, before a national court, against an entity entrusted by a Member State with collecting and distributing the fair compensation established under that provision, on the fact that the national legislation laying down that compensation contravenes provisions of EU law which have direct effect, provided that such an entity has, in order to perform that task in the public interest, special powers beyond those which result from the normal rules applicable in relations between individuals.
2. ...must be interpreted as having direct effect, and that therefore, in the absence of a correct transposition of that provision, an individual may rely on it for the purposes of disapplying national rules under which that individual is obliged to pay remuneration by way of fair compensation imposed in contravention of that provision
New #CJEU judgement today with far reaching consequences on copyright fair compensation: an individual may rely on Directive 2001/29 for the purposes of disapplying national rules that impose the payment of a remuneration when such remuneration does not comply with the notion of "fair compensation" as provided under Directive 2001/29.
https://lnkd.in/etCCi6q9
CJEU - Judgment C-230/23 Reprobel 14 Nov 2024
ipcuria.eu
J.D. Candidate at American University Washington College of Law
2moInsightful