Complaint against Spain in the European Commission for Not Complying with the CJEU Judgment Regarding the Private Copying Levy

30 May 2013

The PADAWAN case continues to bring attention because, as has been reported, those affected by the case have filed a complaint with the European Commission against the Spanish courts for not complying with the contents of the judgment by the CJEU regarding the equitable remuneration for private copying, commonly known as the private copying levy or the blank media tax.

It has been reported that the Spanish Supreme Court has been denounced for not accepting and applying the requirements of the judgment by the CJEU regarding the levy and for not reversing judgments in favor of the levy in prior judgments by both the Supreme Court and Provincial Courts.

Furthermore, given the recent repeal of the tax, it is alleged that the payment shall be made under the general state budget, which is understood as a private financing contrary to European legislation on market discipline and European funding policy.

For more information, please contact Eric Jordi: ejordi