Judgment_paragraph 31 · DR and TV2 Danmark A/S v NCB – Nordisk Copyright Bureau (C-510/10)

31That being so, by adopting Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, the European Union legislature is deemed to have exercised the competence previously devolved on the Member States in the field of intellectual property. Within the scope of that directive, the European Union must be regarded as having taken the place of the Member States, which are no longer competent to implement the relevant stipulations of the Berne Convention (see, to that effect, Luksan, paragraph 64).

DR and TV2 Danmark A/S v NCB – Nordisk Copyright Bureau (C-510/10)

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