CELEX: 62019CN0637
Language: en
Date: 2019-08-27 00:00:00
Title: Case C-637/19: Request for a preliminary ruling from the Svea Hovrätt — Patent- och marknadsöverdomstolen (Sweden) lodged on 27 August 2019 — BY v CX

4.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 372/19
            
         
      Request for a preliminary ruling from the Svea Hovrätt — Patent- och marknadsöverdomstolen (Sweden) lodged on 27 August 2019 — BY v CX
      (Case C-637/19)
      (2019/C 372/21)
      Language of the case: Swedish
      
         Referring court
      
      Svea Hovrätt, Patent- och marknadsöverdomstolen
      
         Parties to the main proceedings
      
      
         Applicant: BY
      
         Defendant: CX
      
         Questions referred
      
      
                  1.
               
               
                  Does the term ‘public’ in Articles 3(1) and 4(1) 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 have a uniform meaning?
               
            
                  2.
               
               
                  If question 1 is answered in the affirmative, is a court to be regarded as falling within the scope of the term ‘public’ within the meaning of those provisions?
               
            
                  3.
               
               
                  If question 1 is answered in the negative:
                  
                              (a)
                           
                           
                              in the event of communication of a protected work to a court, can that court fall within the scope of the term ‘public’?
                           
                        
                              (b)
                           
                           
                              in the event of distribution of a protected work to a court, can that court fall within the scope of the term ‘public’?
                           
                        
            
                  4.
               
               
                  Does the fact that national legislation lays down a general principle of access to public documents in accordance with which any person who makes a request can access procedural documents submitted to a court, except where they contain confidential information, affect the assessment of whether submission to a court of a protected work amounts to a ‘communication to the public’ or a ‘distribution to the public’?
               
            
         (1)  OJ 2001 L 167, p. 10.