EU can ratify Marrakesh Treaty, says CJEU

The EU can ratify the Marrakesh Treaty without the participation of member states, according to Europe’s highest court.

Today, the Court of Justice of the European Union (CJEU) ruled that the treaty may affect the copyright directive (2001/29/EC) or alter its scope, so the EU has exclusive competence over the Marrakesh Treaty.

The treaty aims to help blind and visually impaired people access copyrighted works.

It requires nations to adopt legal provisions that permit the reproduction and distribution of published works in accessible formats by introducing limitations and exceptions to copyright law.

In September last year, the treaty entered into force after receiving the necessary 20 ratifications from World Intellectual Property Organization (WIPO) member states.

In a press release issued by the court today, the CJEU explained that the European Commission had asked for its opinion on whether the treaty may be ratified by the EU acting on its own or whether the participation of member states was necessary.

In 2012, the commission was authorised to participate in WIPO negotiations on the Marrakesh Treaty’s future on behalf of the EU.

The treaty was adopted in June 2013 and, taking the view that the EU could ratify the treaty, the commission put forward a proposal for a decision on its approval.

But this decision was not adopted by the European Council, so the commission asked the CJEU to provide its opinion.

“It follows that the body of obligations laid down by the Marrakesh Treaty falls within an area that is already covered to a large extent by ‘common EU rules’ and that the conclusion of the treaty may affect those rules or alter their scope,” said the CJEU.

The CJEU concluded that the EU has exclusive competence to ratify the treaty.

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