Schalast represents music companies and artists before the European Court of Justice


Following the successful win last year for a German music company, Moses Pelham, Sabrina Setlur and several other artists before the Federal Constitutional Court against the artist group Kraftwerk, Schalast now represents the same clients before the European Court of Justice. The proceedings, led by Schalast partner Dr. Andreas Walter, are concerned with whether the sampling of sound recordings is permitted or prohibited. The Member States involved in the proceedings before the Court (including the United Kingdom, France, Germany and Italy) share and support Schalast's view that sampling is necessary for the further development of art.

In essence, the European Court of Justice will have to determine the relationship between the two European fundamental rights, freedom of the arts (Article 13(1) of the Charter of Fundamental Rights) and property rights (Article 17).

The mandate-leading partner Dr. Andreas Walter heads Schalast's banking team and is Global Chairman of Multilaw's Banking practice group. However, he is repeatedly commissioned - often together with Dr. Udo Kornmeier - by international music companies for major legal disputes and arbitration proceedings, although these are unrelated to the banking sector.

The hearing will take place at the European Court of Justice in Luxembourg on 3 July.


Judicial data

  • European Court of Justice, Case C-476/17
  • Federal Court of Justice (Bundesgerichtshof), Order of 1 June 2017, File No. I ZR 115/16 ("Metal on Metal III")
  • Federal Constitutional Court (Bundesverfassungsgericht), Urt. v. May 31, 2016, File No. 1 BvR 1585/13, ("Sampling")
  • Federal Court of Justice (Bundesgerichtshof), dated 13 December 2012, File No. I ZR 182/11 ("Metal on Metal II");
  • Federal Court of Justice (Bundesgerichtshof), v. v. 20 November 2008, File No. I ZR 112/06 ("Metal on Metal I");
  • Hanseatic Higher Regional Court of Hamburg (Oberlandesgericht Hamburg), Urt. v. August 17, 2011, Ref. 5 U 48/05;
  • Hanseatic Higher Regional Court of Hamburg (Oberlandesgericht Hamburg), Urt. v. 7 June 2006, Az. 5 U 48/05;
  • Hamburg Regional Court (Landgericht Hamburg), local court v. October 8, 2004, ref. 308 O 90/99


For the defendants

Dr. Andreas Walter, LL.M. (in charge), Dr. Udo Kornmeier, Anne Baranowski, LL.M., Roman Brandhoff und Ramón Glaßl, LL.M. (all Schalast & Partner Rechtsanwälte mbB, Frankfurt am Main).
About Schalast Schalast is one of the leading commercial law firms in the German financial centre of Frankfurt am Main. The firm also has offices in Berlin and Hamburg. Schalast primarily advises medium-sized clients from Germany and all over the world. The current 55 lawyers are organized in the practice groups Labour Law, Banking & Finance, Corporate, Dispute Resolution, IP, Media & Technology, Telecommunication & Energy as well as Inheritance and Family Law. The notary's office forms a further focus. The law firm is a member of the international network Multilaw and can thus assist clients worldwide. Schalast is characterised by the highest level and an appropriate hands-on mentality. Schalast's aim is to find and implement the best individual, pragmatic, tailor-made and sustainable solutions for clients. Various awards show the high competence of the law firm. www.schalast.com

Originally published on 26 June 2018 on the Schalast website by Dr. Andreas Walter.


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