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Case C-462/09: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 25 November 2009 — Stichting de Thuiskopie v Mijndert van der Lee and Others
ECLI:EU:UNKNOWN:62009CN0462
62009CN0462
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Valentina R., lawyer
30.1.2010
Official Journal of the European Union
C 24/38
(Case C-462/09)
2010/C 24/66
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Stichting de Thuiskopie
Respondents: Mijndert van der Lee, Hananja van der Lee, Opus Supplies Deutschland GmbH
Questions referred
1.Does Directive 2001/29/EC, (1) in particular Article 5(2)(b) and (5) thereof, provide any assistance in determining who should be regarded under national law as owing the ‘fair compensation’ referred to in Article 5(2)(b)? If so, what assistance does it provide?
2.In a case of distance selling in which the buyer is established in a different Member State to that of the seller, does Article 5(5) of Directive 2001/29/EC require national law to be interpreted so broadly that a person owing the ‘fair compensation’ referred to in Article 5(2)(b) of the directive who is acting on a commercial basis owes such compensation in at least one of the Member States involved in the distance selling?
(1) 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 (OJ 2001 L 167, p. 10)