Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92001E0126

**WRITTEN QUESTION E-0126/01 by Lord Inglewood (PPE-DE) to the Commission. Droit de suite.** 
  
*Official Journal 174 E , 19/06/2001 P. 0255 - 0255*

  

WRITTEN QUESTION E-0126/01

by Lord Inglewood (PPE-DE) to the Commission

(1 February 2001)

Subject: Droit de suite

Is the proposal for a directive on Droit de Suite compatible with Article 295 of the EC Treaty as amended?

Answer given by Mr Bolkestein on behalf of the Commission

(7 March 2001)

The Court of Justice confirmed in Opinion 1/94(1) that in the field of intellectual property the Community has internal competence to harmonise national laws pursuant to Articles 94 and 95 (ex Articles 100 and 100a) of the EC Treaty. It has also ruled, under consistent case law, that Article 295 cannot be interpreted as reserving to the national legislature, in relation to industrial and commercial property, the power to adopt measures which would adversely affect the principle of the free movement of goods within the common market. The Court has suggested the idea of approximating national legislation in this field in the future(2).

The proposal for a directive of the European Parliament and of the Council on the resale right for the benefit of the author of an original work of art(3) seeks to introduce a harmonised legal framework for resale rights in order to ensure that the market in modern and contemporary works of art operates properly within the Community.

It thus complies with the objectives stated in Articles 94 and 95 concerning the harmonisation of laws and is compatible with Article 295 (ex Article 222) of the EC Treaty.

(1) Opinion 1/94 of 15 November 1994 (Reports of Cases 1994, p. I-5267).

(2) Commission v. United Kingdom, C-30/90 (Reports of Cases 1992, p. I-829); Spain v. Council, C-350/92 (Reports of Cases 1995, p. I-1985).

(3) OJ C 178, 21.6.1996.

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