Recent Developments in CJEU Case Law on REACH, Nature Conservation and Climate Change

The e-presentation discusses recent developments in selected CJEU case law. The analysis is mainly focused on the REACH case C-106/14, where a “substance of high concern” is defined, the case on possible restrictions to be implemented by Member States (case C-472/14), cases on nature conservation, namely an infringement procedure against Bulgaria (case C-141/14 [Kaliakra]) and Grüne Liga Sachsen (case C-399/14), and the climate change case C-191/14, analysing free-of-charge allocations, asymmetries and the duty to give reasons.

Dr. Christoph Sobotta

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Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.