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… Continue reading IP VIOLATION AND IMMEDIATE BAN ON DOWNLOADING IN THE NETHERLANDS
Tag: european court
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… Continue reading EUROPEAN DATA RETENTION DIRECTIVE INVALID
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… Continue reading PUBLIC AUTHORITIES AND GOOD GOVERNANCE
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… Continue reading GERMAN GAMING LAW IN VIOLATION WITH EU LAW