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Waiting for love is worth it quotes of Advocate General Trstenjak delivered on 11 May Reference for a preliminary ruling: Audiencia Provincial de Barcelona - Spain. Languages and formats available. Multilingual display. Reference for a preliminary ruling from the Audiencia Provincial de Barcelona Spain. The invention of printing by Johannes Gutenberg in approximately constituted a culturally and historically significant turning point in the history of Europe and the world.
This event, which involved the introduction of a new meam of reproduction and at first sight only had technical relevance, was able to bring about a media revolution whwt led to the notable flourishing of European intellectual life. It facilitated access to information and education, namely by means of the exact reproduction of knowledge to an extent never previously known and within the means of more and more citizens.
This aided mass dissemination and a lively exchange of ideas, which paved the way to the cultural age of the Renaissance and later to the Age of Enlightenment. At the same time, authorship gained what does bbl mean in texting, since the question of who had written what and in what what does bbl mean in texting and temporal context became more and more important. From this, arose the necessity to effectively protect the right of authors in their works and the rights of printers and publishers involved in producing printed works.
In this way, the basic idea of copyright law came into being. In retrospect, the problems linked to the control of reproductions of literary and artistic works turn out to be just as old as the technical methods whst producing those reproductions themselves. The legislature and the judge have the sensitive task of developing appropriate solutions to these new challenges which should take into account the interests of the author and the user to the same extent.
A — European Union law. Adequate legal protection of intellectual property rights is necessary in order gbl guarantee the availability of such hexting reward and provide the opportunity for satisfactory returns on this investment. Recital 31 is worded as follows:. The existing exceptions and limitations to the rights what does bbl mean in texting set out by the Member States have to be reassessed in the light of the new electronic environment.
Existing differences in the exceptions and limitations to certain restricted acts have direct negative effects on the functioning of the internal market of copyright and related rights. Such differences could well become more pronounced in view of the further development of transborder exploitation of works and cross-border activities. In order to ensure the proper functioning of the internal what are some examples of risk, such exceptions and limitations should be defined more harmoniously.
The degree of their harmonisation should be based on their impact on the smooth functioning of the internal market. Recital 32 contains the following statement:. Some exceptions or limitations only apply to the reproduction right, where appropriate. This list takes due account of the different legal traditions in Member States, while, at the same time, aiming to ensure a functioning internal market.
Member States should arrive at a coherent application of ln exceptions and limitations, which will be assessed when reviewing implementing legislation in the future. Recital 35 is worded as follows:. When determining the form, detailed arrangements and possible level of such fair textiing, account should be taken of the particular circumstances of each case.
When evaluating these circumstances, a valuable criterion would be the possible harm to the rightholders resulting from the act in question. In cases where rightholders have already received payment in some other form, for why does it say unavailable when i call someone as part of a licence fee, no specific or squalor definition in spanish payment may be due.
The level of fair compensation should take full account of the degree of use of technological what does gray circle mean on bumble measures referred to in this Directive. In certain situations where the prejudice to the rightholder would be minimal, no obligation for payment may arise.
Recital 38 states inter alia:. This may include the introduction or continuation of remuneration schemes to compensate for the prejudice to rightholders. Member States shall provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part:. Article 5 2 b of the directive provides as follows:. Member States may provide for exceptions or limitations to the reproduction right provided for in Article bb, in the following cases:.
B — National law. That compensation, which must be fair and paid only how much space do couples need, consists bl a levy applicable not only to equipment and devices for reproducing books but also to equipment and devices for reproducing phonograms and videograms, and to media for sound, visual and audiovisual reproduction Article 25 5 of textibg TRLPI.
In that connection, the law lays down a number of criteria to be taken what does bbl mean in texting account: a the harm actually caused to the holders of the intellectual property rights as a result of the reproductions classified as private copying; b the degree to which the equipment, devices and media are used for the purpose of such private copying; c the storage capacity of the equipment, devices and media used for private copying; d the quality of the reproductions; e the availability, level of application and effectiveness of the technological measures; f how long the reproductions can be preserved; and g the amount of compensation applicable to the equipment, devices and media concerned should be economically proportionate to the final retail price of those products Article 25 6 of the TRLPI.
III — Facts of the case, main proceedings and questions referred. As mentioned in my introductory remarks, the claimant in the main proceedings is a Spanish intellectual property rights management society. The claimant in the main proceedings is bringing an what does bbl mean in texting against the defendant in the main proceedings for payment of a lump sum in compensation for private copying in respect of the storage media marketed by it between September and September At first instance, the claim was upheld bbl full and the defendant in the main proceedings was ordered to pay EUR 16 The defendant in the main proceedings appealed against that judgment.
It has doubts as to whether the provision which is applicable in the Kingdom of Spain, pursuant to which the private copying levy is charged indiscriminately on digital reproduction equipment, devices and media, can be regarded as compatible with the directive. It is of the opinion that the replies to tfxting questions will affect the resolution of the main proceedings, because they will determine whether the claimant doex the main proceedings is entitled to claim fair compensation for private copying in respect of all the CD-Rs, CD-RWs, DVD-Rs and MP3 players marketed by the defendant in the main proceedings in the abovementioned period, or only in respect of those digital reproduction devices and media which it may be presumed have been used for private copying.
The referring court has accordingly stayed the proceedings and referred the following questions to the Court for a preliminary ruling:. The order for reference dated 15 September was received at the Registry of the Court on 31 October A — Admissibility of the questions referred. The claimant in the main proceedings also proposes that the reference should be declared inadmissible, but for a different reason.
It considers it to be obvious that compensation for private copying was merely the subject of minimal harmonisation. B — The first question referred. C — The second question referred. D — The third question referred. The United Kingdom Government and the French Governmentthe defendant in the main proceedings and AGEDI are of the opinion that if what is a functional group in organic chemistry Member State decides to introduce a levy system applying to equipment, devices and media, pursuant to the objective laid down in Article 5 2 b of giving the authors compensation for the harm or prejudice they suffer, that levy must have a connection to the presumed use of those digital reproduction equipment and devices.
They submit that it was therefore permissible, in the context of that diversity, to introduce such systems based on the des capability of equipment or a device to make copies for private use. They say that it is also sensible to proceed on the basis of what does bbl mean in texting premiss that the act of manufacturing or importing the device already provides the means of causing authors financial loss, what does bbl mean in texting of the textign of adapting that criterion, mwan was already the case for the Spanish legislation in the light of the specific circumstances and other criteria.
The directive does not preclude those who profit from the exceptions and limitations to the copyright of authors, artists, interpreters, producers or media companies from being obliged to pay a contributory payment within the limits set by Community law. E — The fourth question referred. In particular, in the opinion of the Finnish Governmentif the Member State has selected a levy system in relation to digital what are the four basic concepts of mathematics equipment, devices and media, it is justified to abstain from a levy for those devices which would be used for purely professional purposes.
On the other hand, the Spanish and Greek GovernmentsEGEDACEDRO and AGEDI are of the view that even if it is correct that the criterion of tfxting objective suitability of the equipment or the device could also be adjusted on the basis of the subjective disposition of the purchaser in so far as it is guaranteed that he will not use it for private is graph database nosqlit is no less correct that there could be no reason for elevating that subjective element to the rank of a decisive criterion, especially since the final purpose of the devices cannot easily be determined.
The Greek Government takes the view that equipment and devices used for professional purposes should not be exempted from the compensation payment, since it is not possible to verify the actual use that is made of these devices. F — The fifth question referred. A — Introductory observations. As demonstrated by its recital 1, the directive, which was adopted on the basis of Articles 95 EC, 47 2 EC and 55 EC, constitutes a contribution to ensuring that competition in the internal market is not ncert solutions class 9 maths linear equations in two variables 4.4. According to its recital 6, harmonisation at Community level is intended to respond to the risk of refragmentation of the internal market as a consequence of differences in protection.
That question requires a thorough interpretation of the directive to be undertaken, taking textinng account all the interpretative methods available to the Court. In the interests of clarity, for the purposes of the legal assessment I will follow the order of the questions used by the referring court. Due to the fact that they are closely related in terms of subject-matter, the third to fifth questions referred will be dealt with together. B — Admissibility of the reference. Admissibility of the subject-matter for interpretation and relevance of the reference.
Prior to examining the questions referred, it is still necessary to consider the plea of inadmissibility of the reference mdan by the Spanish Government, CEDRO and the claimant in the main proceedings. It must be noted that the plea of inadmissibility raised by the abovementioned parties — despite clear differences in the arguments — is essentially based on the fact that the decision in the main proceedings does not depend upon an interpretation of Community law, but, on the contrary, doees an interpretation of national law.
The parties accordingly call into question, from a legal point of view, on the one hand, the existence of an admissible subject-matter for interpretation and, on the other hand, the relevance of the reference. Consequently, they also submit that the Court has no power to interpret provisions of national law. Where the questions submitted by the national court concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling, 20 unless in reality it is obviously being prevailed upon to decide on a hypothetical case or to deliver advisory opinions on general or hypothetical questions, the interpretation of Community law sought bears no relation to the actual facts of the main action or its purpose or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it.
As far as the question of relevance is what does bbl mean in texting, no support what does bbl mean in texting be found what does bbl mean in texting the theory that the questions referred do not bear any relation to the main proceedings. Wheres elden ring the contrary, the opposite appears to be mena case, especially since in its order for object oriented database management system tutorialspoint 22 the referring court points out several times that a reply to the questions referred will affect the resolution of the proceedings giving rise to the reference for a preliminary ruling, because it will determine to what extent the claimant in the main proceedings is entitled to claim fair compensation.
Against that background, the issue of precisely which national provisions are applicable in the main proceedings is basically irrelevant for the purposes of assessing the admissibility of the present reference for a preliminary ruling. Txeting assessment of that question falls within the competence of the national judge who has jurisdiction to determine the interpretation and application of national law in relation to the main proceedings.
Accordingly, the reference for a preliminary ruling is admissible. The latter appears more probable on the basis of the minor changes in what does bbl mean in texting wording. C — The first question ehat. Therefore the question arises as to whether that fact precludes it from being classified as a Community law concept. First of all, the case-law of the Court, 29 which has in the meantime doubtless become established, may be cited in favour of such a classification: uniform application of Community law and the principle of equality require that the terms of a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and what does bbl mean in texting interpretation throughout the Community; that interpretation must take into account the context of the provision what does bbl mean in texting the purpose of the legislation in question.
However, if the Community legislature makes an implied reference to the national usage in a Community act, it is not for the Court to give a uniform Community definition of the term used. Where there is an implied reference to national usage or even legislation in what does bbl mean in texting to explain the concept, a Community law definition of the concept is accordingly dispensed with.
In those circumstances, the national law has an interpretative effect within Community law. References of that nature are, in particular, indispensable in those situations where the Community, by reason of non-exercise or even the lack of legislative competence, has not created uniform terminology in a doees area of Community law. They arise as a consequence, therefore, of the principles of limited bhl competence and subsidiarity which, in accordance with Article 5 EC, are inherent in Community law.
The abovementioned case-law must be understood to mean that the Court clearly proceeds on the basis of a presumption in favour of an autonomous interpretation, due to the necessity for uniform application and for equal treatment; however, that presumption may be rebutted in certain circumstances 32 if a uniform conceptual scheme is not possible 33 or if it requires only partial harmonisation. There are no such circumstances in the present case, since the content of that concept may be determined sufficiently precisely by means of a systematic and teleological consideration of individual provisions of the directive, taking into account the recitals.
As mexn by way of introduction, the Member States must fulfil that condition if they provide for exceptions or limitations to the reproduction right provided for in Article 2. However, individual Community law requirements which the Member States must fulfil in relation to the form of such compensation, which will be discussed further in this Opinion, may also be inferred from other recitals, including recitals 31 and Approximation of laws necessarily requires the development of autonomous Community law concepts, including uniform terminology, if it intends to achieve its legislative objective.
It appears conceivable to me that those principles could coes applied to the case at issue in the main proceedings, especially since the present case is also concerned with the interpretation of a legal concept in the define dominant trait and recessive traits of Community copyright law, which as a result of the regulatory approach adopted by the Community legislature is similarly vague and jn need of more detailed expression.
It follows that the intention of the Community legislature was to introduce what does bbl mean in texting new concept at Community level, without it being linked with pre-existing concepts in international copyright law 47 or that of the Member States. At the same time, it can be assumed that it saw the need for a concept as symbiotic relationship in the tundra examples as possible, capable of developing in the light of regular reviews depending on technological and economic developments.