22-December-2016
The
Spanish Supreme Court repelle don November 10 the Royal Decree that allocated
the compensation for private copy to the State anual Budget (Real Decreto
1657/2012 of 7 December) as it did not guarantee the cost of compesation was
burdened on actual users of such copies.
The
Court of Justice of the European Union had previously in its ruling Padawan
decided that the Spanish system of private copy compensation, that levied
storing equipment regardless of its actual use, was against European law. The
Spanish Government then decided to charge these levies to the State Annual
Budget.
The
Supreme Court has based their decision to overturn the Royal Decree in the same
European Court doctrine. We will now have to wait for the development of a new
system in harmony with European law.