CJEU - C 271/10 / Judgment Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat

Key facts of the case:
 
The Belgium legislation transposing Directive 92/100 (calculation of the remuneration payable to authors in the event of public lending exclusively according to the number of borrowers) was challenged in court by an association of authors; the court decided to refer to ECJ.
 
Results (sanctions) and key consequences of the case:
 
Article 5(1) of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property precludes legislation, such as that at issue in the main proceedings, which establishes a system under which the remuneration payable to authors in the event of public lending is calculated exclusively according to the number of borrowers registered with public establishments, on the basis of a flat-rate amount fixed per borrower and per year.