CELEX: 62013CN0441
Language: en
Date: 2013-08-05 00:00:00
Title: Case C-441/13: Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 5 August 2013 — Pez Hejduk v EnergieAgentur.NRW GmbH

26.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/10
            
         Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 5 August 2013 — Pez Hejduk v EnergieAgentur.NRW GmbH
   (Case C-441/13)
   2013/C 313/18
   Language of the case: German
   
      Referring court
   
   Handelsgericht Wien
   
      Parties to the main proceedings
   
   
      Applicant: Pez Hejduk
   
      Defendant: EnergieAgentur.NRW GmbH
   
      Question referred
   
   Is Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) to be interpreted as meaning that, in a dispute concerning an infringement of rights related to copyright which is alleged to have been committed in that a photograph was kept accessible on a website, the website being operated under the top-level domain of a Member State other than that in which the proprietor of the right is domiciled, there is jurisdiction only
   
               —
            
            
               in the Member State in which the alleged infringer is established; and
            
         
               —
            
            
               in the Member State(s) to which the website, according to its content, is directed?
            
         
      (1)  OJ 2001 L 12, p. 1.