CJEU 21.10.2010, C-467/08, Padawan

According to the CJEU’s opinion, the concept of ‘fair compensation’ under the Directive 2001/29/EC is an autonomous concept of EU law, which must be interpreted uniformly in all the Member States.
The ‘fair balance’ between the intellectual property rightsholders and the persons liable for the payment of the compensation means that such compensation can be levied on the persons who make digital reproduction equipment, devices and media available to private users.
An indiscriminate application of the private copying levy, in particular with respect to digital reproduction equipment, devices and media not made available to private users and clearly reserved for uses other than private copying, is incompatible with Directive 2001/29.