Source: EURLEX
Language: en
Format: md

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| 8.2.2016 | EN | Official Journal of the European Union | C 48/13 |

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Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 18 November 2015 — Stichting Brein, Other parties: Ziggo BV and XS4ALL Internet BV

(Case C-610/15)

(2016/C 048/21)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Stichting Brein

Other parties: Ziggo BV, XS4ALL Internet BV

Questions referred

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| 1. | Is there a communication to the public within the meaning of Article 3(1) of the Copyright Directive[(1)](#ntr1-C_2016048EN.01001302-E0001) by the operator of a website, if no protected works are available on that website, but a system exist … by means of which metadata on protected works which is present on the users’ computers is indexed and categorised for users, so that the users can trace and upload and download the protected works on the basis thereof? |

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| 2. | If the answer to Question (1) is negative:  Do Article 8(3) of the Copyright Directive and Article 11 of the Enforcement Directive[(2)](#ntr2-C_2016048EN.01001302-E0002) offer any scope for obtaining an injunction against an intermediary as referred to in those provisions, if that intermediary facilitates the infringing acts of third parties in the way referred to in Question 1? |

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