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Europe Daily Bulletin No. 8698

4 May 2004
Contents Publication in full By article 37 / 40
GENERAL NEWS / (eu) ue/court of justice
Conditions whereby company refusing to allow competing company a licence for using copyright is making abusive use of dominant position

Luxembourg, 03/05/2004 (Agence Europe) - In a long-awaited judgement, the Court of Justice defined three conditions to be met by an undertaking whereby any refusal on the part of that company to grant a licence for a brick structure protected by copyright may be judged abusive use of a dominant position, judged illegal under European law.

The Fifth Chamber of the Court, composed of Judges Jann, Timmermans and von Bahr, specified these conditions at the request of the Landgericht Frankfurt...

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