Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 15 September 2023 – FT, AL, ON v Belgian State

(Case C-575/23, ONB and Others)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicants: FT, AL, ON

Defendant: Belgian State

Intervener: Orchestre national de Belgique (ONB)

Questions referred

Must Articles 18 to 23 of Directive (EU) 2019/790 ¹ be interpreted as precluding the transfer, by means of a regulatory act, of the related rights of statutory employees in performances carried out in the context of the employment relationship?

If Question 1 is answered in the affirmative, must the concepts of ‘acts concluded’ and ‘rights acquired’ within the meaning of Article 26(2) of Directive (EU) 2019/790 be interpreted as covering, in particular, the transfer of related rights by means of a regulatory act adopted before 7 June 2021?

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¹     Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ 2019 L 130, p. 92).