Judgment_paragraph 26 · Microsoft Mobile Sales International Oy and Others v Ministero per i beni e le attività culturali (MiBAC) and Others (C-110/15)

26As is apparent from recitals 35 and 38 of Directive 2001/29, Article 5(2)(b) of that directive reflects the EU legislature’s intention of establishing a specific compensation scheme which is triggered by the existence of harm caused to rightholders, which gives rise, in principle, to the obligation to ‘compensate’ them (judgment of 9 June 2016, EGEDA and Others, C‑470/14, EU:C:2016:418, paragraph 19 and the case-law cited).