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Case C-170/12: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 11 April 2012 — Peter Pinckney v KDG mediatech AG
ECLI:EU:UNKNOWN:62012CN0170
62012CN0170
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16.6.2012
Official Journal of the European Union
C 174/19
(Case C-170/12)
2012/C 174/29
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Peter Pinckney
Defendant: KDG mediatech AG
Questions referred
1.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 to be interpreted as meaning that, in the event of an alleged infringement of copyright committed by means of content placed online on a website,
—the person who considers that his rights have been infringed has the option of bringing an action to establish liability before the courts of each Member State in the territory of which content placed online is or has been accessible, in order to obtain compensation solely in respect of the damage suffered on the territory of the Member State before which the action is brought,
—does that content also have to be, or to have been, directed at the public located in the territory of that Member State, or must some other clear connecting factor be present?
2.Is the answer to Question 1 the same if the alleged infringement of copyright results, not from the placing of dematerialised content online, but, as in the present case, from the online sale of a material carrier medium which reproduces that content?
Language of the case: French
OJ 2001 L 12, p. 1