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Case C-416/12: Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 14 September 2012 — Wikom Elektrik GmbH v VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH
ECLI:EU:UNKNOWN:62012CN0416
62012CN0416
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8.12.2012
Official Journal of the European Union
C 379/14
(Case C-416/12)
2012/C 379/23
Language of the case: German
Referring court
Parties to the main proceedings
Claimant: Wikom Elektrik GmbH
Defendant: VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH
Question referred
Does the concept of communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC include the rebroadcasting, by wire, of a broadcast work in the case where the original broadcast can also be received by wireless means in the catchment area, the work is rebroadcast to the owners of reception equipment who receive the broadcast personally or within their own private or family circles, and the rebroadcasting is carried out for profit-making purposes by a broadcasting organisation other than the original one?
(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 2001 L 167, p. 10).