direct effect

Introduction On 14 November 2024, the Court of Justice of the European Union (‘CJEU’) delivered its judgment in Case C-230/23 Reprobel CV v Copaco Belgium NV (‘Reprobel’) that certain provisions of the Information Society Directive (‘InfoSoc Directive’) could produce a vertical direct effect, entitling domestic courts of EU Member States to disapply erroneous national transpositions of the InfoSoc Directive. Article 5(2)(a) and (b) of the Directive enables Member States to…