# C_2011362EN.01001201.xml

| 10.12.2011 | EN | Official Journal of the European Union | C 362/12 |
| --- | --- | --- | --- |

10.12.2011

EN

Official Journal of the European Union

C 362/12

---

Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Fujitsu Technology Solutions GmbH v Verwertungsgesellschaft Wort (VG Wort)

(Case C-459/11)

2011/C 362/17

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Fujitsu Technology Solutions GmbH

Applicant:

Defendant: Verwertungsgesellschaft Wort (VG Wort)

Defendant:

Questions referred

Questions referred

The following questions concerning the interpretation of Directive 2001/29/EC (1) of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society are hereby referred to the Court of Justice of the European Union for a preliminary ruling:

1

| 1. | In interpreting national law, is account to be taken of the directive in respect of events which occurred after the directive entered into force on 22 June 2001, but before it became applicable on 22 December 2002? |
| --- | --- |

1.

In interpreting national law, is account to be taken of the directive in respect of events which occurred after the directive entered into force on 22 June 2001, but before it became applicable on 22 December 2002?

| 2. | Do reproductions effected by means of PCs constitute reproductions effected by the use of any kind of photographic technique or by some other process having similar effects within the meaning of Article 5(2)(a) of the directive? |
| --- | --- |

2.

Do reproductions effected by means of PCs constitute reproductions effected by the use of any kind of photographic technique or by some other process having similar effects within the meaning of Article 5(2)(a) of the directive?

| 3. | If Question 2 is answered affirmatively: can the requirements laid down in the directive relating to fair compensation for exceptions or limitations to the right of reproduction under Article 5(2) and (3) of the directive, having regard to the fundamental right to equal treatment under Article 20 of the EU Charter of Fundamental rights, be fulfilled also where the appropriate reward must be paid not by the manufacturers, importers and traders of the PCs but by the manufacturers, importers and traders of another device or several other devices of a chain of devices capable of making the relevant reproductions? |
| --- | --- |

3.

If Question 2 is answered affirmatively: can the requirements laid down in the directive relating to fair compensation for exceptions or limitations to the right of reproduction under Article 5(2) and (3) of the directive, having regard to the fundamental right to equal treatment under Article 20 of the EU Charter of Fundamental rights, be fulfilled also where the appropriate reward must be paid not by the manufacturers, importers and traders of the PCs but by the manufacturers, importers and traders of another device or several other devices of a chain of devices capable of making the relevant reproductions?

| 4. | Does the possibility of applying technological measures under Article 6 of the directive abrogate the condition relating to fair compensation within the meaning of Article 5(2)(b) thereof? |
| --- | --- |

4.

Does the possibility of applying technological measures under Article 6 of the directive abrogate the condition relating to fair compensation within the meaning of Article 5(2)(b) thereof?

| 5. | Is the condition relating to fair compensation (Article 5(2)(a) and (b) of the directive) and the possibility thereof (see recital 36 in the preamble to the directive) abrogated where the rightholders have expressly or implicitly authorised reproduction of their works? |
| --- | --- |

5.

Is the condition relating to fair compensation (Article 5(2)(a) and (b) of the directive) and the possibility thereof (see recital 36 in the preamble to the directive) abrogated where the rightholders have expressly or implicitly authorised reproduction of their works?

---

(1)  OJ 2011 L 167, p. 10.

1

---