The Swedish Market Court makes a preliminary reference to the ECJ on copyright management by collecting societies (Kanal 5 / TV 4)

Introduction Since Sweden joined the European Union in 1995, the Swedish courts have been reluctant to make preliminary references to the European Court of Justice (“ECJ”) in all fields of law. Up until 2006, the Swedish courts had made on average 5 preliminary references per year, in comparison, Austrian courts have made on average 24 preliminary references per year. In 2005 a record high number of 11 preliminary references were made by Swedish courts, this however dropped to only 1 preliminary reference in 2006 [1]. These modest numbers of preliminary references lead the Commission to initiate infringement proceedings against Sweden for not complying with Article 234 of the Treaty Establishing the European Community (“EC”) in 2004. In the wake of these proceedings a new law was

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  • General Court of the European Union (Luxembourg)

Quotation

Anders Flood, The Swedish Market Court makes a preliminary reference to the ECJ on copyright management by collecting societies (Kanal 5 / TV 4), 20 December 2006, e-Competitions Bulletin Media, Art. N° 13624

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