IP VIOLATION AND IMMEDIATE BAN ON DOWNLOADING IN THE NETHERLANDS

The amount of the levy payable for making private copies of a protected work may not take unlawful reproductions into account

The European Copyright Directive* permits Member States to lay down an exception to the exclusive reproduction right of holders of copyright and related rights so that private copies may be made (the private copying exception). It also provides that Member States which decide to introduce such an exception into their national law are required to provide for the payment of ‘fair compensation’ to copyright holders in order to compensate them adequately for the use of their protected works or …
Read the rest »

11
Apr 2014
CATEGORY

Legal

COMMENTS No Comments

EUROPEAN DATA RETENTION DIRECTIVE INVALID

By today’s judgment, the European Court of Justice declares the directive invalid

According to the Court, the Directive entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without that interference being limited to what is strictly necessary.

The main objective of the Data Retention Directive* is to harmonize Member States’ provisions concerning the retention of certain data which are generated or processed by providers of publicly available electronic communications services or of public communications networks. It therefore seeks to ensure that the data are available for …
Read the rest »

08
Apr 2014
CATEGORY

Legal

COMMENTS No Comments

PUBLIC AUTHORITIES AND GOOD GOVERNANCE

European Court of Human Rights on good governance

The European Court of Human Rights (2 October 2012, Case of Czaja v. Poland, 5744/05) reiterates the particular importance of the principle of good governance. It requires that where an issue pertaining to the general interest is at stake, especially when it affects fundamental human rights, including property rights, the public authorities must act promptly and in an appropriate and above all consistent manner. It is desirable that public authorities act with the utmost care, in particular when dealing with matters of vital importance to individuals, such as welfare …
Read the rest »

12
Feb 2013
CATEGORY

Legal

COMMENTS No Comments

AUSTRIAN GAMING LAW IN VIOLATION WITH EU LAW

European Court of Justice (9 September 2010): “Austrian legislation under which only companies having their seat in Austria have the right to operate casinos is contrary to European Union law” (click here for the press release).

The Court of Justice finds that the obligation on persons holding concessions to operate gaming establishments to have their seat in Austria constitutes a restriction on freedom of establishment. That obligation discriminates against companies which have their seat in another Member State and prevents those companies from operating gaming establishments in Austria through an agency, branch or subsidiary.

With regard to …
Read the rest »

09
Sep 2010
CATEGORY

Legal

COMMENTS No Comments

GERMAN GAMING LAW IN VIOLATION WITH EU LAW

Court of Justice of the European Union (8 September 2010): “The public monopoly of the organisation of sporting bets and lotteries in Germany does not pursue the objective of combating the dangers of gambling in a consistent and systematic manner” (click here for more).

See also my posting of 8 January 2008: ‘New German Gaming Law in Violation with EU Law‘.

Karel Frielink

(8 September 2010)

.

08
Sep 2010
CATEGORY

Legal

COMMENTS No Comments