17.7.2023 |
EN |
Official Journal of the European Union |
C 252/22 |
Request for a preliminary ruling from the Ondernemingsrechtbank Gent, afdeling Gent (Belgium) lodged on 13 April 2023 — Reproble SCRL v Copaco Belgium NV
(Case C-230/23, Reprobel)
(2023/C 252/26)
Language of the case: Dutch
Referring court
Ondernemingsrechtbank Gent, afdeling Gent
Parties to the main proceedings
Applicant: Reprobel SCRL
Defendant: Copaco Belgium NV
Questions referred
1. |
Is an entity such as Reprobel, in so far as it has been entrusted by the State, by means of a royal mandate, to collect and distribute the fair compensation, set by the State, within the meaning of Article 5(2)(a) and (b) of Directive 2001/29, (1) and over which the State exercises control, an entity against which an individual may rely, in his or her defence, on the incompatibility with EU law of a national provision which that entity seeks to impose on that individual? |
2. |
Is it relevant to the answer to that question that the control exercised by the State over that entity includes:
|
3. |
Is it also relevant to the answer to the question referred that the entity has the following powers?
|
4. |
Does Article 5(2)(a) and (b) of Directive 2001/29 have direct effect? |
5. |
Is a national court required, on the application of an individual, to disapply a national provision where that provision, imposed by the State, contravenes Article 5(2)(a) and (b) of Directive 2001/29, referred to above, in particular because that provision, contrary to the aforementioned article, obliges that individual to pay charges? |
(1) 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 (OJ 2001 L 167, p. 10).