Private copying levy on refurbished products

Private copying levy on refurbished products: legal action still ongoing before the Conseil d’État
Published
25/2/26

On December 19, 2022, following an appeal brought by SIRRMIET, the Conseil d’État annulled Decision No. 22 of June 1, 2021 of the commission provided for under Article L. 311-5 of the Intellectual Property Code, concerning the private copying remuneration applicable to refurbished products, on the grounds of abuse of power, with effect from February 1, 2023.

Despite this ruling, the Private Copying Commission — notably disregarding the report of the IGAC and IGF which questioned its functioning — adopted a new Decision No. 23, published on January 12, 2023, once again subjecting refurbished smartphones and tablets to the levy.

The Union, continuing to defend its members who are heavily impacted by this levy, has once again filed an appeal before the Conseil d’État seeking the annulment of Decision No. 23.

It therefore continues its fight against a levy it considers detrimental to the entire sector.

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Private copying levy on refurbished products

25/2/2026

On December 19, 2022, following an appeal brought by SIRRMIET, the Conseil d’État annulled Decision No. 22 of June 1, 2021 of the commission provided for under Article L. 311-5 of the Intellectual Property Code, concerning the private copying remuneration applicable to refurbished products, on the grounds of abuse of power, with effect from February 1, 2023.

Despite this ruling, the Private Copying Commission — notably disregarding the report of the IGAC and IGF which questioned its functioning — adopted a new Decision No. 23, published on January 12, 2023, once again subjecting refurbished smartphones and tablets to the levy.

The Union, continuing to defend its members who are heavily impacted by this levy, has once again filed an appeal before the Conseil d’État seeking the annulment of Decision No. 23.

It therefore continues its fight against a levy it considers detrimental to the entire sector.

25/2/2026