Provisions on fair compensation for reprography and private copying (Article 5(2)(a) and (b) of the Copyright Directive) have direct effect, allowing individuals, in the event of an incorrect transposition, to rely directly on that provision to prevent the application of national rules requiring them to pay remuneration by way of fair compensation that is contrary to it. The provision may also be relied on against an entity entrusted with the collection and distribution of fair compensation where, for the performance of that task in the public interest, the entity enjoys special powers – in particular powers to obtain information – going beyond those applicable in relations between private parties.
Case C-230/23 Reprobel v Copaco
Preliminary questions:
By its first, second and third questions, which it is appropriate to examine together, the referring court asks, in essence, whether Article 5(2)(a) and (b) of Directive 2001/29 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 EU law, where that entity performs a task in the public interest, is subject to control by that State and has, in order to perform that task, special powers beyond those which result from the normal rules applicable to relations between individuals.
By its fourth and fifth questions, the referring court asks, in essence, whether 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.
Ruling CJEU:
The answer to the first, second and third questions is that Article 5(2)(a) and (b) of Directive 2001/29 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.
The answer to the fourth and fifth questions is that 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
