EN
C 207/20
Official Journal of the European Union
23.5.2022
Questions referred 1.
With regard to contractual licensing organisations which collectively manage intellectual property rights, does the legal standing to defend those rights, which is conferred by Article 4(c) of Directive 2004/48, (1) refer only to the general capacity to be a party to legal proceedings, or does it require a right expressly recognised by national law to bring legal proceedings in one’s own name for the purposes of defending the rights in question? 2.
In an interpretation based on Article 4(c) of Directive 2004/48, must the term ‘direct interest in the defence of the copyright of the rightholders whom it represents’ be interpreted uniformly in all Member States as regards the right of a collective representation body within the meaning of Article 3(a) of Directive 2014/26/EU (2) to bring an action for copyright infringement in its own name where (i) it concerns uses of works in respect of which an organisation is entitled, as a contractual licensing organisation within the meaning of the Tekijänoikeuslaki (Law on copyright), to grant extended collective licences also allowing the licensee to use works by authors in that sector who have not authorised the organisation to manage their rights; (ii) it concerns uses of works in respect of which the authors have authorised the organisation to manage their rights by contract or by way of a mandate, without the copyrights having been assigned to the organisation? 3.
If the organisation, in its capacity as a contractual licensing organisation, is presumed to have a direct interest and legal standing to bring an action in its own name: in assessing standing to bring proceedings in the light of, where applicable, Articles 17 and 47 of the Charter of Fundamental Rights of the European Union, what significance must be given to the fact that the organisation, as a contractual licensing organisation, also represents authors who have not authorised it to manage their rights, and that the organisation’s right to bring an action to defend the rights of such authors is not provided for by law?
(1) (2)
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45).
Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ 2014 L 84, p. 72).
Action brought on 29 March 2022 — Kingdom of Spain v Council of the European Union (Case C-224/22) (2022/C 207/29) Language of the case: Spanish Parties Applicant: Kingdom of Spain (represented by: J. Rodríguez de la Rúa Puig, acting as Agent) Defendant: Council of the European Union
Form of order sought The applicant claims that the Court of Justice should: — annul Council Regulation (EU) 2022/110 (1) of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas with regard to the establishment of (i) the maximum allowable fishing effort for longliners of European hake (Merluccius merluccius) and red mullet (Mullus barbatus) in Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (geographical sub-areas (‘GSAs’) 1-2-5-6-7) set out in Annex III (c); and (ii) the maximum catch limits for red shrimp (Aristeus antennatus) in Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1-2-5-6-7) set out in Annex III (e);