# C_2012379EN.01001901.xml

| 8.12.2012 | EN | Official Journal of the European Union | C 379/19 |
| --- | --- | --- | --- |

8.12.2012

EN

Official Journal of the European Union

C 379/19

---

Reference for a preliminary ruling from the Svea hovrätt (Sweden) lodged on 18 October 2012 — Nils Svensson, Sten Sjögren, Madelaine Sahlman, Pia Gadd v Retreiver Sverige AB

(Case C-466/12)

2012/C 379/31

Language of the case: Swedish

Referring court

Referring court

Svea hovrätt

Parties to the main proceedings

Parties to the main proceedings

Applicants: Nils Svensson, Sten Sjögren, Madelaine Sahlman, Pia Gadd

Applicants:

Defendant: Retreiver Sverige AB

Defendant:

Questions referred

Questions referred

| 1. | If anyone other than the holder of copyright in a certain work supplies a clickable link to the work on his website, does that constitute communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC 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? (1) |
| --- | --- |

1.

If anyone other than the holder of copyright in a certain work supplies a clickable link to the work on his website, does that constitute communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC 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? (1)

1

| 2. | Is the assessment under question 1 affected if the work to which the link refers is on a website on the Internet which can be accessed by anyone without restrictions or if access is restricted in some way? |
| --- | --- |

2.

Is the assessment under question 1 affected if the work to which the link refers is on a website on the Internet which can be accessed by anyone without restrictions or if access is restricted in some way?

| 3. | When making the assessment under question 1, should any distinction be drawn between a case where the work, after the user has clicked on the link, is shown on another website and one where the work, after the user has clicked on the link, is shown in such a way as to give the impression that it is appearing on the same website? |
| --- | --- |

3.

When making the assessment under question 1, should any distinction be drawn between a case where the work, after the user has clicked on the link, is shown on another website and one where the work, after the user has clicked on the link, is shown in such a way as to give the impression that it is appearing on the same website?

| 4. | Is it possible for a Member State to give wider protection to authors’ exclusive right by enabling ‘communication to the public’ to cover a greater range of acts than provided for in Article 3(1) of Directive 2001/29/EC 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? |
| --- | --- |

4.

Is it possible for a Member State to give wider protection to authors’ exclusive right by enabling ‘communication to the public’ to cover a greater range of acts than provided for in Article 3(1) of Directive 2001/29/EC 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?

---

(1)  OJ 2001 L 167, p. 10.

1

---