FTCC | Studio Legale Associato


European Case Law

Court of Justice (Fifth Chamber), 17 March 2016, in case C-99/15 (Christian Liffers v. Producciones Mandarina S.L. and Mediaset España Comunicación S.A., formerly Gestevision Telecinco S.A.)

Preliminary ruling – Intellectual property – Directive 2004/48/EC – Article 13(1) – Audio visual work – Infringing activity – Damages – Rules for calculation – Lump sum – Moral prejudice

Article 13(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as permitting a party injured by an intellectual property infringement, who claims compensation for pecuniary loss based on the amount of royalties or fees which would have been due if the infringer had requested authorization to use the intellectual property right in question, also to claim compensation for the moral prejudice that the said party has suffered.

categoria:European Case Law