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26.10.2013 |
EN |
Official Journal of the European Union |
C 313/10 |
Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 5 August 2013 — Pez Hejduk v EnergieAgentur.NRW GmbH
(Case C-441/13)
2013/C 313/18
Language of the case: German
Referring court
Handelsgericht Wien
Parties to the main proceedings
Applicant: Pez Hejduk
Defendant: EnergieAgentur.NRW GmbH
Question referred
Is Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) to be interpreted as meaning that, in a dispute concerning an infringement of rights related to copyright which is alleged to have been committed in that a photograph was kept accessible on a website, the website being operated under the top-level domain of a Member State other than that in which the proprietor of the right is domiciled, there is jurisdiction only
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in the Member State in which the alleged infringer is established; and |
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in the Member State(s) to which the website, according to its content, is directed? |