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Case C-117/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 March 2013 — Technische Universität Darmstadt v Eugen Ulmer KG
ECLI:EU:UNKNOWN:62013CN0117
62013CN0117
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Valentina R., lawyer
15.6.2013
Official Journal of the European Union
C 171/10
(Case C-117/13)
2013/C 171/19
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Technische Universität Darmstadt
Defendant: Eugen Ulmer KG
Questions referred
1.Is use subject to purchase or licensing terms within the meaning of Article 5(3)(n) of Directive 2001/29/EC (1) where the rightholder offers to conclude with the establishments referred to therein licensing agreements for the use of works on appropriate terms?
2.Does Article 5(3)(n) of Directive 2001/29/EC entitle the Member States to confer on the establishments the right to digitise the works contained in their collections, if that is necessary in order to make those works available on terminals?
3.May the rights which the Member States lay down pursuant to Article 5(3)(n) of Directive 2001/29/EC go so far as to enable users of the terminals to print out on paper or store on a USB stick the works made available there?
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).