Asunto C-169/15: Petición de decisión prejudicial planteada por el Benelux Gerechtshof (Benelux) el 13 de abril de 2015 — Montis Design BV/Goossens Meubelen BV
13.7.2015 ES Diario Oficial de la Unión Europea C 228/4
Lengua de procedimiento: neerlandés
Benelux Gerechtshof
Demandante: Montis Design BV
Demandada: Goossens Meubelen BV
1) ¿Es aplicable el plazo de protección establecido en el artículo 10, en relación con el artículo 13, apartado 1, de la Directiva relativa al plazo de protección (1) a los derechos de autor inicialmente protegidos por la legislación nacional en materia de derechos de autor, pero que expiraron antes del 1 de julio de 1995 como consecuencia de la falta de cumplimiento (dentro de plazo) de un requisito formal, en concreto la falta de presentación (dentro de plazo) de una declaración de conservación en el sentido del artículo 21, apartado 3, de la BTMW [Eenvormige Beneluxwet inzake tekeningen en modellen] (antigua)
2) En caso de respuesta afirmativa a la primera cuestión: ¿Debe interpretarse la Directiva relativa al plazo de protección en el sentido de que se opone a una norma legal nacional que implica que el derecho de autor relativo a una obra de artes aplicadas que ha expirado antes del 1 de julio de 1995 por el incumplimiento de un requisito formal se sigue considerando extinguido
3)...
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