Enforcement Directive

Article 17

Codes of conduct

Member States shall encourage:

Holdings

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C-182/2418 Dec 2025

RB, en qualité d'ayant droit de Claude Chabrol and Others v Société des Auteurs et Compositeurs Dramatiques (SACD) and Others

Article 8 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, Article 3 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights and Article 1 of Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights, read in conjunction with Articles 17 and 47 of the Charter of Fundamental Rights of the European Union,

must be interpreted as not precluding national legislation under which the admissibility of an action for infringement of the copyright in a collective work is conditional on all the joint holders of that copyright being called on to participate in the proceedings, provided that the interpretation and application of that legislation do not render the procedure provided for unnecessarily complicated or costly and that that procedure does not render it impossible or excessively difficult for that action to be brought by only one or some of the co-authors. The national court must, in any event, guarantee respect for the right to effective judicial protection enshrined in Article 47 of the Charter of Fundamental Rights.