Responsabilidad patrimonial del Estado legislador por infracción del derecho de la UE y reparación del perjuicio causado: el caso del sistema de compensación equitativa con cargo a los presupuestos generales del Estado

The legal status of the legislating State for infringement of the EU Law and the award of damages: the case of the fair compensation provided by the State’s General Budget During the years 2017 and 2018, more than a dozen court decisions of the Third Chamber of the Supreme Court and of the Contentious- Administrative Chamber of the Audiencia Nacional rejected requests for damages made by different copyright holders claiming the damages and losses suffered as a result of the serious fails of the fair compensation system established by the Additional Provision 10th of Royal Decree-Law 20/2011, Royal Decree 1657/2012 and Section 1.2 of Law 21/2014. It is argued in this paper, however, that the promulgation of the aforementioned rules implies a manifest and serious violation of the EU Law that must result in the compensation of the copyright holders for the amounts that did not receive as a result of the legislative activity of the Spanish State. It is also argued that the declaration of nullity of the Ministerial Orders that determined annually the amount of the compensation should be followed by the award of the damages sustained every year