Official Journal of the European Union

C series

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C/2025/132

13.1.2025

(Case C-230/23, (1) Reprobel)

(Reference for a preliminary ruling - Approximation of laws - Harmonisation of certain aspects of copyright and related rights in the information society - Directive 2001/29/EC - Article 2 - Reproduction right - Article 5(2)(a) and (b) - Exceptions and limitations - Fair compensation - Direct effect - Entity entrusted by the State with collecting and distributing fair compensation - Special powers)

(C/2025/132)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Reprobel CV

Defendant: Copaco Belgium NV

Operative part of the judgment

1.Article 5(2)(a) and (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 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.Article 5(2)(a) and (b) of Directive 2001/29 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.

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(1) OJ C 252, 17.7.2023.

ELI: http://data.europa.eu/eli/C/2025/132/oj

ISSN 1977-091X (electronic edition)

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