The term of protection laid down by Directive 2006/116/EC is also applicable, pursuant to Article 10(2) thereof, where the subjectmatter at issue has at no time been protected in the Member State in which the protection is sought. Article 10(2) of Directive 2006/116 is to be interpreted as meaning that the terms of protection provided for by that directive apply in a situation where the work or subjectmatter at issue was, on 1 July 1995, protected as such in at least one Member State under that Member State’s national legislation on copyright and related rights and where the holder of such rights in respect of that work or subjectmatter, who is a national of a nonMember State, benefited, at that date, from the protection provided for by those national provisions.
The value of an appeal against a demand for information which has been assessed at DM 75,000.00 (€ 37,500.00) at the first instance can be less than DM 1,500.00 (€ 750.00). The appeal is therefore dismissed because the value of an appeal depends solely on the expenses arising from disclosing information.
