| Commentary

92 Equal treatment of EU nationals

| Commentary

92 Equal treatment of EU nationals

In 1992, the European Court of Justice over-rode national law to prevent discrimination against a national of another member state of the European Union. A performer had brought proceedings in Germany to prevent the distribution of an unauthorised recording of a live performance he gave in California. German law granted rights in such circumstances to German performers and to nationals of other European Union member states if the performance took place in Germany. Accordingly, the performer was given no protection under German law.

The European Court of Justice ruled that this conflicted with the

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