CELEX: 62013CN0360
Language: en
Date: 2013-06-27 00:00:00
Title: Case C-360/13: Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 27 June 2013 — Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and others

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/28
            
         Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 27 June 2013 — Public Relations Consultants Association Ltd v The Newspaper Licensing Agency Ltd and others
   (Case C-360/13)
   2013/C 260/50
   Language of the case: English
   
      Referring court
   
   Supreme Court of the United Kingdom
   
      Parties to the main proceedings
   
   
      Applicant: Public Relations Consultants Association Ltd
   
      Defendant: The Newspaper Licensing Agency Ltd and others
   
      Questions referred
   
   In circumstances where:
   
               (i)
            
            
               an end-user views a web-page without downloading, printing or otherwise setting out to make a copy of it;
            
         
               (ii)
            
            
               copies of that web-page are automatically made on screen and in the internet ‘cache’ on the end-user’s hard disk;
            
         
               (iii)
            
            
               the creation of those copies is indispensable to the technical processes involved in correct and efficient internet browsing;
            
         
               (iv)
            
            
               the screen copy remains on screen until the end-user moves away from the relevant web-page, when it is automatically deleted by the normal operation of the computer;
            
         
               (v)
            
            
               the cached copy remains in the cache until it is overwritten by other material as the end-user views further web-pages, when it is automatically deleted by the normal operation of the computer; and
            
         
               (vi)
            
            
               the copies are retained for no longer than the ordinary processes associated with internet use referred to at (iv) and (v) above continue;
            
         Are such copies (i) temporary, (ii) transient or incidental and (iii) an integral and essential part of the technological process within the meaning of Article 5(1) of Directive 2001/29/EC (1)?
   
      (1)  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
   OJ L 167, p. 10