Artist Robert Ballagh is incurring financial losses because of the State's failure to implement an EU directive on the resale rights of artists, known as droit de suite, the High Court was told yesterday.
Counsel for Mr Ballagh told Mr Justice John Quirke that Mr Ballagh has a painting for sale today at a guide price of between €20,000 and €30,000 and is continuing to incur losses because of the failure of the State to act.
The judge adjourned for three weeks proceedings by Mr Ballagh challenging the State's failure to implement the EU directive.
Last week, Mr Ballagh secured leave to bring judicial review proceedings aimed at having the directive implemented here.
The artist is seeking various orders and declarations and also wants damages for the State's alleged failure to vindicate his property rights under both the Irish Constitution and the European Convention on Human Rights.
He argues that the State has been obliged to implement the resale rights directive since January 1st and has had five years' notice of the deadline.
However, no implementing legislation has yet been brought forward, he contends.
An interdepartmental commmittee has been drafting a new Intellectual Property Bill of which droit de suite forms a part.
However, many auctioneers, dealers and politicians are opposed to the imposition of the royalty.
Mr Ballagh claims the delay in implementing the directive is costing him and other artists the loss of royalty payments of at least 3 per cent of the hammer price on every work sold at auction since January 1st.