On June 11th, the Higher Regional Court of Stuttgart largely upheld the 2024 decision of the Regional Court of Stuttgart, confirming that the Italian Cultural Heritage Code cannot be enforced outside of Italy. While the appellate court, like the lower court, did not directly address whether the Code aligns with EU law, its ruling nonetheless sets an important precedent.
Italian cultural heritage code inapplicable outside of Italy
At the center of the case is German toymaker Ravensburger, which used Leonardo da Vinci’s Studio di proporzioni del corpo umano—better known as the Vitruvian Man—on a jigsaw puzzle sold by its subsidiaries in various countries, including outside of Italy. Seeking legal clarity, Ravensburger initiated proceedings in Germany against the Italian Ministry of Justice and the Gallerie dell’Accademia in Venice, which holds the original work. After an initial ruling in Ravensburger’s favour, the Ministry of Culture and the museum appealed, once again challenging the jurisdiction of German courts.
The Higher Regional Court firmly rejected the “universalist” interpretation of the Italian Cultural Heritage Code advanced by the Italian government. It reaffirmed that legal norms such as the Code are subject to the principle of territoriality—that is, they apply only within the borders of Italy. As a result, German courts were deemed competent to rule on the matter.
This decision has significant implications. It confirms that Italy cannot enforce restrictions under its cultural heritage law on the use of Public Domain works like the Vitruvian Man beyond its own territory. Ravensburger, therefore, is not required to seek permission or pay a concession fee for using the work on products marketed outside of Italy.
Conflicts with Article 14 of the Copyright Directive
We have consistently criticised the Italian Cultural Heritage Code for introducing what amounts to a form of pseudo-copyright—an approach fundamentally at odds with the concept of the Public Domain. It also runs counter to the intention of EU lawmakers, who sought to safeguard the Public Domain from new layers of exclusive rights. Article 14 of the CDSM Directive makes clear that once copyright protection for a work of visual art expires, faithful reproductions of that work cannot be subject to copyright or related rights. Accordingly, works like the Vitruvian Man should be freely usable by all, including for commercial purposes.
An independent expert opinion commissioned by COMMUNIA, authored by scholars Giulia Dore (University of Trento) and Giulia Priora (NOVA School of Law), casts further doubt on the legality of Italy’s implementation of the CDSM Directive. We therefore urge the European Commission to address this issue as part of the Directive’s scheduled review of the Directive in 2026.
