France's Private Copying Remuneration Law is Constitutional
On 20 July 2012, France's Conseil constitutionnel (Constitutional Court) ruled that the Act of 20 December 2011 relating to private copying remuneration is constitutional.
Based on the Court of Justice of the European Union’s «Padawan» decision of 21 October 2010, the French Conseil d'Etat abolished (on 17 June 2011) the existing regime for not adequately providing for a system of reimbursement for purchasers of blank media intended for professional use. Against this background, the French legislator passed the Act of 20 December 2011 to (i) retroactively maintain the rates previously set by the relevant body that had been quashed by the 17 June 2011 decision and (ii) expressly provide for an exemption for blank media purchased for professional purposes.
The French Conseil confirmed the Act's constitutionality. The complete ruling (in French) is here.
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