# C_2017309EN.01002101.xml

| 18.9.2017 | EN | Official Journal of the European Union | C 309/21 |
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18.9.2017

EN

Official Journal of the European Union

C 309/21

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Request for a preliminary ruling from the Landgericht Berlin (Germany) lodged on 23 May 2017 — VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte von Medienunternehmen mbH v Google Inc.

(Case C-299/17)

(2017/C 309/27)

Language of the case: German

Referring court

Referring court

Landgericht Berlin

Parties to the main proceedings

Parties to the main proceedings

Applicant: VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte von Medienunternehmen mbH

Applicant:

Defendant: Google Inc.

Defendant:

Questions referred

Questions referred

| 1. | Does a national rule which prohibits only commercial operators of search engines and commercial service providers which edit content, but not other users, including commercial users, from making press products or parts thereof (excluding individual words and very short text excerpts) available to the public constitute, under Article 1(2) and (5) of Directive 98/34/EC (as amended by Directive 98/48/EC), (1) a rule which is not specifically aimed at the services defined in that point,
  and, if that is not the case, |
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1.

Does a national rule which prohibits only commercial operators of search engines and commercial service providers which edit content, but not other users, including commercial users, from making press products or parts thereof (excluding individual words and very short text excerpts) available to the public constitute, under Article 1(2) and (5) of Directive 98/34/EC (as amended by Directive 98/48/EC), (1) a rule which is not specifically aimed at the services defined in that point,

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and, if that is not the case,

| 2. | does a national rule which prohibits only commercial operators of search engines and commercial service providers which edit content, but not other users, including commercial users, from making press products or parts thereof (excluding individual words and very short text excerpts) available to the public constitute a technical regulation within the meaning of Article 1(11) of Directive 98/34/EC (as amended by Directive 98/48/EC), namely a compulsory rule on the provision of a service? |
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2.

does a national rule which prohibits only commercial operators of search engines and commercial service providers which edit content, but not other users, including commercial users, from making press products or parts thereof (excluding individual words and very short text excerpts) available to the public constitute a technical regulation within the meaning of Article 1(11) of Directive 98/34/EC (as amended by Directive 98/48/EC), namely a compulsory rule on the provision of a service?

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(1)  Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by 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.

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