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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

ECLI:EU:UNKNOWN:62013CN0360

62013CN0360

June 27, 2013
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Valentina R., lawyer

Official Journal of the European Union

C 260/28

(Case C-360/13)

2013/C 260/50

Language of the case: English

Referring court

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?

* Language of the case: English.

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

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