CJEU Decision C‑435/12
10. 4. 2014
The Court of Justice of the European Union (CJEU) issued its decision in the case C-435/12 ACI Adam and Others v Stichting de Thuiskopie relating to private copying levies.
The case was initiated in the Netherlands between the foundations collecting levies (Stichting and SONT), and several importers/manufacturers of blank media (ACI Adam and others).
The main disputed issue was whether, when calculating the amount of the levy, account should be taken of copies made from unlawful sources.
The decision of the Court is positive as it confirms the opinion of AG Vilalon that the private copying exception should only apply to reproductions from lawful sources. The Court concludes that national legislation which does not distinguish the situation in which the source from which private copy is made is lawful from that in which the source is unlawful is incompatible with Article 5(2)(b) of Directive 2001/29/EC.
The decision is here:
The press release is here:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140058en.pdf