CELEX: 62017CA0149
Language: en
Date: 2018-10-18 00:00:00
Title: Case C-149/17: Judgment of the Court (Third Chamber) of 18 October 2018 (request for a preliminary ruling from the Landgericht München I — Germany) — Bastei Lübbe GmbH & Co. KG v Michael Strotzer (Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Enforcement of intellectual property rights — Directive 2004/48/EC — Compensation in the event of file-sharing in breach of copyright — Internet connection accessible by members of the owner’s family — Exemption from liability of the owner without the need to specify the nature of the use of the connection by the family member — Charter of Fundamental Rights of the European Union — Article 7)

17.12.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 455/10
            
         
      Judgment of the Court (Third Chamber) of 18 October 2018 (request for a preliminary ruling from the Landgericht München I — Germany) — Bastei Lübbe GmbH & Co. KG v Michael Strotzer
      (Case C-149/17) (1)
      
      ((Reference for a preliminary ruling - Copyright and related rights - Directive 2001/29/EC - Enforcement of intellectual property rights - Directive 2004/48/EC - Compensation in the event of file-sharing in breach of copyright - Internet connection accessible by members of the owner’s family - Exemption from liability of the owner without the need to specify the nature of the use of the connection by the family member - Charter of Fundamental Rights of the European Union - Article 7))
      (2018/C 455/15)
      Language of the case: German
      
         Referring court
      
      Landgericht München I
      
         Parties to the main proceedings
      
      
         Applicant: Bastei Lübbe GmbH & Co. KG
      
         Defendant: Michael Strotzer
      
         Operative part of the judgment
      
      Article 8(1) and (2) 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, read in conjunction with Article 3(1) thereof, and Article 3(2) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which, as interpreted by the relevant national courts, the owner of an internet connection used for copyright infringements through file-sharing cannot be held liable to pay damages if he can name at least one family member who might have had access to that connection, without providing further details as to when and how the internet was used by that family member.
      
         (1)  OJ C 213, 3.7.2017.