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Collective rights management company for the private copying of sound and audiovisual works
Decision of the Council of State regarding the action for annulment of Nokia Belgium and Sony Ericsson
On February 19, 2010, Nokia Belgium and Sony Ericsson brought an action for annulment before the Council of State against the Royal Decree of December 17, 2009.
As was mentioned in former reports, the appeal did not have any impact on the current rights en obligations prescribed by the Royal Decree and this until a decision of the Council of State has been made.
Appeal to cancellation of Nokia Belgium and Sony Ericsson (Sweden) against the Royal Decree of December 17, 2009
Following the publication of a notice of the Council of State in the Official Gazette of March 23, 2010, Auvibel takes act of the appeal for cancellation of Nokia Belgium NV and Sony Ericsson Mobile Communications AB by the Council of State against the Royal Decree of December 17, 2009.
Further to publication of the Royal Decree dated 17 December 2010 [sic] we have received a number of reactions. The wording of the texts below is designed to avoid errors and confusion contained in the information made to the public.
Royal Decree of 17 December 2009 (Publication in the Belgian Monitor dated 23 December 2009)
New tariffs will apply from 1 February 2010. In practical terms this means that these tariffs apply, in relation to retailers, to all purchases as from 1 February 2010 and for wholesalers to all sales carried out as from this same date.
On 15 November 2006 in a lawsuit brought by Stichting de Thuiskopie, the court in The Hague sentenced two Belgian traders in blank CDs and DVDs to pay €414,000 in outstanding remunerations for private copying. In addition, the traders have to pay Stichting de Thuiskopie more than € 8,000,000 in forfeit fines and € 20,000 in court costs.
The traders in question had in the past been importing blank disks into Holland, which they then offered for sale at computer fairs. However, they stubbornly refused to pay the legally-prescribed levy for private copying to Stichting de Thuiskopie, in spite of the demand notes issued by the latter.
On Sunday 5 November 2006, Auvibel with cooperation from the police and judicial officers seized more than 70,000 blank medias at the Dipro computer fair in Kortrijk.
The aim of the actions being taken by Auvibel is to call a halt to the illegal sale of blank media.
On Sunday 15 October 2006, Auvibel with cooperation from the police and judicial officers seized more than 35,000 blank CD-R and DVD-R medias at the Dipro computer fair in Leuven.
Auvibel had received various complaints about certain traders who were selling blank medias at the fair without paying the levies to Auvibel.
Faced with the growth in sales of blank media, whereby the legal levy for private copying is not included in the sale price, via other distribution channels like certain websites and auction sites, Auvibel has decided to strengthen its activities by instigating various legal actions.
On the basis of the sentences handed down, Auvibel can invoke various principles that can be applied to other, similar situations.