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European Observer on fundamental right's respect

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Case Law C-518/08 (15/04/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/15/2010

Subject: The Court considered that, in the light of the objectives pursued by Directive 2001/84, Member States may make their own legislative choice in determining the categories of persons capable of benefiting from the resale right after the death of the author of a work of art. The Court explained however that it is for the referring court to take due account of all the relevant rules for the resolution of conflicts of laws of succession in order to determine which national law governs the succession of Salvador Dalí’s resale right and, therefore, who is the actual successor to that right under that national law.

Parties: Fundación Gala-Salvador Dalí

Classification: Freedoms - Art. 17 Intellectual property

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