This document is an excerpt from the EUR-Lex website
Document 62014CN0484
Case C-484/14: Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 3 November 2014 — Tobias Mc Fadden v Sony Music Entertainment Germany GmbH
Case C-484/14: Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 3 November 2014 — Tobias Mc Fadden v Sony Music Entertainment Germany GmbH
Case C-484/14: Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 3 November 2014 — Tobias Mc Fadden v Sony Music Entertainment Germany GmbH
OJ C 46, 9.2.2015, p. 18–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
9.2.2015 |
EN |
Official Journal of the European Union |
C 46/18 |
Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 3 November 2014 — Tobias Mc Fadden v Sony Music Entertainment Germany GmbH
(Case C-484/14)
(2015/C 046/25)
Language of the case: German
Referring court
Landgericht München I
Parties to the main proceedings
Applicant: Tobias Mc Fadden
Defendant: Sony Music Entertainment Germany GmbH
Questions referred
1 |
Question 1 Is the first half-sentence of Article 12(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (1), in conjunction with Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), in conjunction with Article 1 point 2 of Directive 98/34/EC as amended by Directive 98/48/EC (2), to be interpreted as meaning that ‘normally provided for remuneration’ means that the national court must establish whether:
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2 |
Question 2: Is the first half-sentence of Article 12(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) to be interpreted as meaning that ‘provision of access to a communication network’ means that the only criterion for provision in conformity with the Directive is that access to a communication network (for example, the internet) should be successfully provided? |
3 |
Question 3: Is the first half-sentence of Article 12(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), in conjunction with Article 2(b) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), to be interpreted as meaning that, for the purposes of ‘provision’ within the meaning of Article 2(b) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), the mere fact that the information society service is made available, that is to say, in this particular instance, that an open WLAN is put in place, is sufficient, or must the service be ‘actively promoted’, for example? |
4 |
Question 4: Is the first half-sentence of Article 12(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) to be interpreted as meaning that ‘not liable for the information transmitted’ precludes as a matter of principle, or in any event in relation to a first established copyright infringement, any claims for injunctive relief, damages or payment of the costs of the warning notice and court proceedings which the person affected by a copyright infringement pursues against the access provider? |
5 |
Question 5: Is the first half-sentence of Article 12(1) in conjunction with Article 12(3) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) to be interpreted as meaning that the Member States must not to allow the national court, in substantive proceedings against the access provider, to make an order requiring the access provider to refrain in future from enabling third parties to make a particular copyright-protected work available for electronic retrieval from online exchange platforms via a specific internet connection? |
6 |
Question 6: Is the first half-sentence of Article 12(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) to be interpreted as meaning that, in the circumstances of the main proceedings, the provision contained in Article 14(1)(b) of Directive 2000/31/EC is to be applied mutatis mutandis to a claim for a prohibitory injunction? |
7 |
Question 7: Is the first half-sentence of Article 12(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) in conjunction with Article 2(b) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) to be interpreted as meaning that the requirements applicable to a service provider are confined to the condition that a service provider is any natural or legal person providing an information society service? |
8 |
Question 8: If Question 7 is answered in the negative, what additional requirements must be imposed on a service provider for the purposes of interpreting Article 2(b) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’)? |
9 |
Question 9:
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(2) Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, OJ 1998 L 217, p. 18.