IPPT20161020, CJEU, Montis
Copyright. The Copyright Duration Directive doesn’t apply to copyrights which was initially protected by the national legislation but which was extinguished prior to 1 July 1995. The European Union was not obliged to apply the provisions of the TRIPs Agreement, which states that Article 5(2) Berne Convention (prohibition of formalities) must be complied with, before January 1996. The Member State concerned must comply with its obligations under Article 5(2) of the Berne Convention and is liable for any infringement of that convention.
C-169/15 - ECLI:EU:C:2016:790
