The Commission calls on Italy to comply with the freedom to provide services read in conjunction with the Collective Rights Management Directive

Today, the European Commission decided to open infringement proceedings by sending a letter of formal notice to Italy.

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The letter of formal notice to Italy (INFR(2017)4092) is on the grounds that the Italian law on copyright and related rights is in breach of the freedom to provide services as defined in the Treaty on the Functioning of the European Union read in conjunction with the Collective Rights Management Directive (2014/26/EU). The Commission is calling on Italy to address its general exclusion of Independent Management Entities from providing copyright intermediation services in Italy. A recent ruling of the Court of Justice of the European Union highlighted that the Italian legislation constitutes a restriction to the freedom to provide services as it excludes independent management entities from other Member States from providing copyright management services in Italy. Italy now has two months to reply to the arguments raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

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