13. July 2020 · Comments Off on European Union · Categories: News · Tags:

The Court of Justice of the European Union in response to a prejudicial question has declared that the States in which this regulated the collection of the compensation to the authors by private copy will be responsible for their collection even in case the salesman is settled down in another Member State. This declaration responds to a consultation realised by the Dutch Court Supreme on the litigation that maintains the organization of management in charge of the collection of the canon in Holland and a German company that sells products by Internet to Dutch clients. (As opposed to sports apparel). The dispute is based on which the society of Dutch management identified to the German company as importer of the product for her sale reason why had to be considered like the subject forced to the payment of the rate, alleging on the contrary the company that its work only is of export of these products reason why the forced ones to the payment would have to be the Dutch buyers. Before this situation, the Court has solved who each State " he is forced to guarantee, within the framework of his competitions, effective perception of the equitable compensation destined to compensate to the authors harmed by the undergone damage, in particular if this damage has taken place in territory of this Member State ". Therefore and before the impossibility to identify to the particular buyers to demand the payment to them, it is considered that the State must guarantee that is because the company the one that pays the canon, without attributing no importance to him the fact that they are commercialized from another country. udea security of the Information Department of Gestn Source:.

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