The European Court of Justice will, at the request of the High Council to report on the Dutch legislation for download from illegal source. That is currently allowed, but the High Council suspect this is in conflict with EU law.
The High Council refers to a lawsuit between the manufacturers of media, and the organisation behind the private copying by the European Court of justice. Reason is that the Dutch copyright law may violate European law, suspects the High Council. In the Netherlands it is allowed to audio and video from illegal source to download.
The European Court must now determine whether that is indeed allowed. Also the Court must determine whether there is, as download any is prohibited, still a thuiskopieheffing is necessary according to European law. In total, the High Council of seven questions to the European Court. The referral to the Court can lead to years of delay of the lawsuit.
The case between the manufacturers and the Thuiskopie foundation was about the height of the thuiskopieheffing. In the first instance, the court ruled that downloading from illegal source is forbidden, but that judgment was on appeal reversed. Currently, the case is in cassation to the Hoge Raad.
Previously advised the attorney-general of the High Council of the judges in this case that there is both a downloadverbod as a thuiskopieheffing and that the case must be referred to the European Court of justice. The High Council now, so listen. The High Council may not pronounce on the interpretation of European regulations.
Both the thuiskopieheffing as the downloadverbod is a sensitive issue in the Netherlands; especially the downloadverbod encounter fierce resistance, even in political parties. It is suspected, however, that a member state of the EU according to EU law a downloadverbod either a thuiskopieheffing had to have it. The High Council thinks so, however, that the EU law goes further.