Source: EURLEX
Language: en
Format: md

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| 20.7.2015 | EN | Official Journal of the European Union | C 236/7 |

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Judgment of the Court (Fourth Chamber) of 13 May 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Dimensione Direct Sales Srl, Michele Labianca v Knoll International SpA

(Case C-516/13)[(1)](#ntr1-C_2015236EN.01000701-E0001)

((Reference for a preliminary ruling - Copyright - Directive 2001/29/EC - Article 4(1) - Distribution right - Concept of ‘distribution to the public’ - Offer for sale and advertising by a trader of a Member State on its website, by direct mail and in the press in another Member State - Reproductions of protected furniture for sale without the consent of the holder of the exclusive distribution right - Offer or advertising not leading to the purchase of the original or copies of a protected work))

(2015/C 236/09)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicants: Dimensione Direct Sales Srl, Michele Labianca

Defendant: Knoll International SpA

Operative part of the judgment

Article 4(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 must be interpreted as meaning that it allows a holder of an exclusive right to distribute a protected work to prevent an offer for sale or a targeted advertisement of the original or a copy of that work, even if it is not established that that advertisement gave rise to the purchase of the protected work by an EU buyer, in so far as that advertisement invites consumers of the Member State in which that work is protected by copyright to purchase it.

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