Key facts of the case:
Request for a preliminary ruling from the Benelux Gerechtshof (Benelux Court of Justice) - Copyright and related rights — Term of protection — Extinguishment and revival of copyright
Results (sanctions) and key consequences of the case:
Having regard to the foregoing arguments, I suggest that the Court of Justice answer the questions submitted by the Benelux Gerechtshof (Benelux Court of Justice) in the following terms:
(1) Article 10(2) of Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights precludes a provision of national law under which there continues to be regarded as extinguished copyright in respect of an artistic work which, by reason of mere non-fulfilment of an administrative formality, had expired before 1 July 1995. It falls to the national court to verify whether, in the circumstances of the proceedings between private individuals being heard by it, it can interpret its law in accordance with the abovementioned directive and, if so, disapply the provision of national law.
(2) Article 10(2), in conjunction with Article 13(1), of Directive 93/98 must be interpreted to the effect that any copyright that it affects revives on 1 July 1995.