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Case C-260/22, Seven.One Entertainment Group: Judgment of the Court (First Chamber) of 23 November 2023 (request for a preliminary ruling from the Landgericht Erfurt — Germany) — Seven.One Entertainment Group GmbH v Corint Media GmbH (Reference for a preliminary ruling — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Article 2(e) — Broadcasting organisations — Reproduction right of fixations of broadcasts — Article 5(2)(b) — Private copying exception — Fair compensation — Harm to broadcasting organisations — Equal treatment — National legislation excluding broadcasting organisations from the right to fair compensation)
ECLI:EU:UNKNOWN:62022CA0260
62022CA0260
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Official Journal of the European Union
Series C
C/2024/608
15.1.2024
(Case C-260/22, (*) Seven.One Entertainment Group)
(Reference for a preliminary ruling - Harmonisation of certain aspects of copyright and related rights in the information society - Directive 2001/29/EC - Article 2(e) - Broadcasting organisations - Reproduction right of fixations of broadcasts - Article 5(2)(b) - Private copying exception - Fair compensation - Harm to broadcasting organisations - Equal treatment - National legislation excluding broadcasting organisations from the right to fair compensation)
(C/2024/608)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Seven.One Entertainment Group GmbH
Defendant: Corint Media GmbH
Operative part of the judgment
Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society,
must be interpreted as precluding national legislation which excludes broadcasting organisations, whose fixations of broadcasts are reproduced by natural persons for private use and for non-commercial ends, from the right to the fair compensation provided for in that provision, in so far as those organisations suffer potential harm which cannot be classified as ‘minimal’.
ELI: http://data.europa.eu/eli/C/2024/608/oj
ISSN 1977-091X (electronic edition)
*