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13.7.2015 |
EN |
Official Journal of the European Union |
C 228/4 |
Request for a preliminary ruling from the Benelux Gerechtshof lodged on 13 April 2015 — Montis Design BV v Goossens Meubelen BV
(Case C-169/15)
(2015/C 228/04)
Language of the case: Dutch
Referring court
Benelux Gerechtshof
Parties to the main proceedings
Applicant: Montis Design BV
Defendant: Goossens Meubelen BV
Questions referred
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1) |
Is the term of protection referred to in Article 10, in conjunction with Article 13(1), of Directive 93/98/EEC (the Term of Protection Directive) (1) applicable to rights of copyright that were originally protected by national copyright law but which lapsed before 1 July 1995 on the ground that a formal condition had not been satisfied (in due time), more specifically because a maintenance declaration, as referred to in Article 21(3) of the Uniform Benelux Law on Designs and Models (old version), had not been filed (in due time)? |
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2) |
If the answer to Question 1 is in the affirmative: Must the Term of Protection Directive be construed as precluding a rule of national legislation under which the copyright in a work of applied art that lapsed before 1 July 1995 on the ground that a formal condition had not been satisfied is deemed to have lapsed permanently? |
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3) |
If the answer to Question 2 is in the affirmative: If, under national legislation, the copyright in question is to be considered to revive or to be revived at a certain time, from what date does such revival occur? |
(1) Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights (OJ 1993 L 290, p. 9), now Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the terms of protection of copyright and certain related rights (codified version) (OJ 2006 L 372, p. 12).