Christie’s France SNC contre Syndicat national des antiquaires

JUDGMENT OF 26. 2. 2015 — CASE C‑41/14 CHRISTIE’S FRANCE

Judgment Of The Court (Fourth Chamber) 26 February 2015 Language of the case: French.

Christie’s France SNC v Syndicat national des antiquaires

THE COURT (Fourth Chamber), composed of L. Bay Larsen, President of the Chamber, K. Jürimäe, J. Malenovský (Rapporteur), M. Safjan and A. Prechal, Judges, Advocate General: M. Wathelet, Registrar: A. Calot Escobar, having regard to the written procedure, after considering the observations submitted on behalf of: Christie’s France SNC, by D. Théophile and A. Rios, avocats, the Syndicat national des antiquaires, by G. Lesourd and B. Edelman, avocats, the French Government, by D. Colas and F.-X. Bréchot, acting as Agents, the European Commission, by J. Hottiaux and J. Samnadda, acting as Agents, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following

On those grounds, the Court (Fourth Chamber) hereby rules: Article 1(4) of Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art must be interpreted as not precluding the person by whom the resale royalty is payable, designated as such by national law, whether that is the seller or an art market professional involved in the transaction, from agreeing with any other person, including the buyer, that that other person will definitively bear, in whole or in part, the cost of the royalty, provided that a contractual arrangement of that kind does not affect the obligations and liability which the person by whom the royalty is payable has towards the author.

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