Law note · European Union

VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte von Medienunternehmen mbH v Google LLC

cite Case C-299/17, judgment of 12 September 2019 stage IN FORCE in force since 2019-09-12

The CJEU (Fourth Chamber) ruled that Germany's Leistungsschutzrecht (sections 87f-87h UrhG) constituted a 'technical regulation' within the meaning of Directive 98/34/EC requiring prior notification to the European Commission; because Germany had not notified the draft law, the provision was inapplicable and unenforceable against individuals with retroactive effect.

The ruling nullified the German ancillary copyright for press publishers from its 2013 entry into force and reinforced momentum for the harmonised EU-level approach that became Digital Single Market (DSM) Art. 15.

Primary source: EUR-Lex / CURIA

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