CJEU said that an artist or his heir could claim royalties from the re-sale of their work. The Court also said that even if the seller should pay the re-sale, the cost could actually be borne by the buyer.

The EU’s Resale Right Directive specifies that member states should provide a re-sale right for the benefit of the creator of an original work of art, including the right to receive a royalty based on the re-sale price of the work.

An auction house named Christie’s France changed the terms by making the buyer liable to pay the royalty fee to the artist and not the re-seller. This fact created a dispute and SNA took attitude in the matter.

Based on all this facts, CJEU said that EU member states alone may determine who should be liable for the royalty payment.