DIGITALEUROPE comments on Business Exemption and Reimbursement
“Ex-ante” exemption and “Ex-post” reimbursement schemes for Private Copying Levies under EU law and their implementation across Member States’ regimes
This paper concerns “ex-ante” exemption and “ex-post” reimbursement schemes for private copying levies applicable to business and professional users from the perspective of the jurisprudence of the Court of Justice of the European Union (“CJEU”). It provides an overview of the CJEU’s mandatory requirements that “ex-ante” exemptions and “ex post” reimbursement schemes for business/professional use must have to be compatible with EU law. The effects of these schemes have been analysed in business models that are present in the industry to identify the shortcomings of the existing national schemes (where they exist) in the light of commercial reality.