Judgment of the Court of Justice of March 6, 2025, Orchestre national de Belgique (C-575/23).
1. Key Facts About the Case
The case stems from a dispute between several musicians of the Orchestre National de Belgique and the Belgian government, following the adoption of a Royal Decree dated June 1, 2021, which regulated the related rights of performers hired under administrative status. That decree mandated the automatic assignment of those rights to the employer, without prior consent.
The performers challenged the provision before the Belgian Conseil d’État, arguing that it was incompatible with EU law, in particular with Directives 2001/29/EC, 2006/115/EC, and (EU) 2019/790 on copyright and related rights.
2. Court Rulings
The Court of Justice addresses three main issues. First, it analyzes whether Directive (EU) 2019/790 applies to the case, even though the Royal Decree was adopted before the transposition deadline expired. The Court of Justice finds that the Directive does apply to transfers of rights that take effect after June 7, 2021, as they concern acts that have not yet been completed.
Second, it interprets the concept of“performing artist”broadly, concluding that it also includes musicians hired under administrative status. Thus, such artists enjoy the same rights as performers under ordinary employment arrangements.
Finally, the Court of Justice holds that Directives 2001/29 and 2006/115 preclude national legislation that, by regulation, requires the transfer of performers’ rights without their prior consent. Consent is at the heart of the exclusive right, and its removal would render the protection recognized by EU law meaningless.
Commentary on the ruling
The Court of Justice’s ruling strengthens the protection of performers against public authorities by confirming that their prior consent is essential for the transfer of related rights. The Court of Justice emphasizes that this requirement is an essential part of the European intellectual property system and that national laws cannot override it through general provisions.
The ruling is particularly significant for public cultural institutions, which will need to adapt their regulations to respect artists’ consent. Furthermore, it clarifies the temporary application of Directive 2019/790 and consolidates the uniform interpretation of related rights in the EU, strengthening the artist’s position vis-à-vis public authorities.
Ana Sanz, Associate Partner in the Legal Department.