Prejudiciële vragen over bevoegde rechter bij auteursrechtinbreuk op website

Zaak C-441/13: Pez Hjeduk. Prejudiciële vragen Handelsgericht Wien (Oostenrijk).

Auteursrecht. IPR. "The case concerns a request for a preliminary ruling regarding a claim by a photographer based in Vienna for infringement of copyright in photographs by a company based in Dusseldorf. The applicant believes that the Vienna courts have jurisdiction as the website on which the photographs were published by the Defendant is accessible in Vienna." (samenvatting UK IP Office)

Prejudiciële vragen. "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 a dispute concerning an infringement of rights related to copyright which is alleged to have been committed in that a photograph was kept accessible on a website, the website being operated under the top-level domain of a Member State other than that in which the proprietor of the right is domiciled [Or. 2], there is jurisdiction only

- in the Member State in which the alleged infringer is established; and

- in the Member State(s) to which the website, according to its content, is directed?"