CELEX: 62015CA0169
Language: en
Date: 2016-10-20 00:00:00
Title: Case C-169/15: Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Benelux Gerechtshof — BENELUX) — Montis Design BV v Goossens Meubelen BV (Reference for a preliminary ruling — Industrial and commercial property — Copyright and related rights — Directive 93/98/EEC — Article 10(2) — Term of protection — No revival of protection due to Berne Convention)

19.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 475/6
            
         Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Benelux Gerechtshof — BENELUX) — Montis Design BV v Goossens Meubelen BV
   (Case C-169/15) (1)
   
   ((Reference for a preliminary ruling - Industrial and commercial property - Copyright and related rights - Directive 93/98/EEC - Article 10(2) - Term of protection - No revival of protection due to Berne Convention))
   (2016/C 475/07)
   Language of the case: Dutch
   
      Referring court
   
   Benelux Gerechtshof
   
      Parties to the main proceedings
   
   
      Applicant: Montis Design BV
   
      Defendant: Goossens Meubelen BV
   
      Operative part of the judgment
   
   Article 10(2) of Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights, read together with Article 13(1) of that directive, must be interpreted as meaning that the terms of protection laid down by that directive do not apply to copyright which was initially protected by national legislation but which was extinguished prior to 1 July 1995.
   Directive 93/98 must be interpreted as not precluding national legislation which, initially, had granted, as in the main proceedings, copyright protection to a work, but which, subsequently, caused that copyright to be definitively extinguished, before 1 July 1995, by reason of non-compliance with a formal requirement.
   
      (1)  OJ C 228, 13.7.2015.