Re: Belgian Courts, was: Results for ...
On 13/03/06, MJ Ray <mjr@phonecoop.coop> wrote:
> Anthony DeRobertis <anthony@derobert.net>
> > What I should have said is the final authority on the meaning of a
> > license is the highest court in the jurisdiction in which you are being
> > sued over it. So, yes, for you the final authority is a Belgian court,
> > for me its the Supreme Court of the US. If the Project (or, rather, SPI)
> > were sued, it'd also be the SCOTUS.
>
> Don't the various copyright-related directives from the European Union
> make some European court the final authority for some things? I looked
> but didn't succeed in verifying that.
It are the various national European courts who have to apply European
law. It is only when questions arise over the application over
European law that it can refer that question to the European Court of
Justice. ECJ answers it, and then sends it back to the national court
to decide on the merits.
So the ECJ is somewhat the final authority when it comes to EU law. If
you want some decent references on how the legal insides of the EU
work, there are two major authorities: Craig & De Burca and Lenaerts &
van Nuffel (apparently, EU law is so complex it takes two to
comprehend it).
Kindly
Batist
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