Article 95 EC revisited: is the Artist's Resale Right Directive a Community Act beyond EC competence?

摘要

Legal context Directive 2001/84/EC harmonizes the artist's resale right within the EU. It was previously unknown to Member States, which are dominant members of the European art market. In consequence, the Directive caused some controversies. Moreover, the Directive is not only a matter of art market issues, but also challenges the understanding of copyright law and the Article 95 EC jurisprudence of the ECJ.