CELEX: 62014CA0041
Language: en
Date: 2015-02-26 00:00:00
Title: Case C-41/14: Judgment of the Court (Fourth Chamber) of 26 February 2015 (request for a preliminary ruling from the Cour de cassation — France) — Christie’s France SNC v Syndicat national des antiquaires (Reference for a preliminary ruling — Directive 2001/84/EC — Article 1 — Intellectual property — Sale at auction of original works of art — Resale right for the benefit of the author of an original work of art — Person liable for the resale royalty — Buyer or seller — Derogation by agreement)

27.4.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/19
            
         Judgment of the Court (Fourth Chamber) of 26 February 2015 (request for a preliminary ruling from the Cour de cassation — France) — Christie’s France SNC v Syndicat national des antiquaires
   (Case C-41/14) (1)
   
   ((Reference for a preliminary ruling - Directive 2001/84/EC - Article 1 - Intellectual property - Sale at auction of original works of art - Resale right for the benefit of the author of an original work of art - Person liable for the resale royalty - Buyer or seller - Derogation by agreement))
   (2015/C 138/24)
   Language of the case: French
   
      Referring court
   
   Cour de cassation
   
      Parties to the main proceedings
   
   
      Appellant: Christie’s France SNC
   
      Respondent: Syndicat national des antiquaires
   
      Operative part of the judgment
   
   Article 1(4) of Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art must be interpreted as not precluding the person by whom the resale royalty is payable, designated as such by national law, whether that is the seller or an art market professional involved in the transaction, from agreeing with any other person, including the buyer, that that other person will definitively bear, in whole or in part, the cost of the royalty, provided that a contractual arrangement of that kind does not affect the obligations and liability which the person by whom the royalty is payable has towards the author.
   
      (1)  OJ C 102, 7.4.2014.