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“ACI Adam”

Decision of the European Court of Justice (Fourth Chamber) 10 April 2014 – Case No. C-435/12

  1. 1.

    EU law, in particular Article 5(2)(b) of 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, read in conjunction with paragraph 5 of that article, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which does not distinguish the situation in which the source from which a reproduction for private use is made is lawful from that in which that source is unlawful.

  2. 2.

    Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as not applying to proceedings, such as those in the main proceedings, in which those liable for payment of the fair compensation bring an action before the referring court for a ruling against the body responsible for collecting that remuneration and distributing it to copyright holders, which defends that action.

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Official headnotes. For more on this decision see the article by João Pedro Quintais in this issue of IIC at doi:10.1007/s40319-014-0295-7.

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ACI Adam BV and Others v. Stichting de Thuiskopie and Stichting Onderhandelingen Thuiskopie vergoeding Directive 2001/29/EC, Art. 5(2)(b) and (5); Directive 2004/48/EC. “ACI Adam”. IIC 46, 134 (2015).

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