Abstract

The "droit de suite" is defined in the EU Directive 2001/84/EC as the right of the author of an original work of art to receive a royalty based on the sale price obtained for any resale of the work, after its first transfer. The "droit de suite" applies to all acts of resale involving art market professionals as sellers, buyers or intermediaries. Christie's France has provided in its general sales conditions that it will collect from the buyer the amount of "droit de suite". The "Syndicat National des Antiquaires" (SNA) considers this contract clause as unfair competition. The Court in its decision does not exclude the possibility that the clause may have a distorting effect on the internal market. However, such an effect is only indirect since it arises as a result of contractual arrangements that are independent of the payment of the royalty to the author. For the payment of the "droit de suite" the person by whom the royalty is payable remains, in any case, liable. The decision also gives the opportunity for some remarks on European internal art market.