(2)On 16 March 2023, the Court of Justice in its judgement in Case C-522/21note declared Article 18(2) of Regulation (EC) No 1768/95 invalid. The Court stated that, in so far as Article 18(2) of Regulation (EC) No 1768/95 sets the amount of the compensation to be paid in relation to the licence fee, it establishes an irrebuttable presumption as to the minimum extent of the damage suffered by the holder and limits the discretion of the court seized contrary to Article 94(2) of Regulation (EC) No 2100/94 as interpreted by the Court.
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