Zaak C-572/14: Austro-Mechana. Prejudiciële vragen Oberster Gerichtshof - Oostenrijk.
A request for a preliminary ruling in a case which concerns a reference from the Austrian Court in relation the placing on the market of recording material for the first time in Austria. The issue is whether the Austrian Courts have the international jurisdiction to decide the Applicant’s claim.
Prejudiciële vraag: "Does a claim for payment of ‘fair compensation’ under Article 5(2)(b) of 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 which, in accordance with Austrian law, is directed against undertakings that are first to place recording material on the domestic market on a commercial basis and for consideration constitute a claim arising from ‘tort, delict or quasi-delict’ within the meaning of 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?"
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A request for a preliminary ruling in a case which concerns a reference from the Austrian Court in relation the placing on the market of recording material for the first time in Austria. The issue is whether the Austrian Courts have the international jurisdiction to decide the Applicant’s claim.
Prejudiciële vraag: "Does a claim for payment of ‘fair compensation’ under Article 5(2)(b) of 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 which, in accordance with Austrian law, is directed against undertakings that are first to place recording material on the domestic market on a commercial basis and for consideration constitute a claim arising from ‘tort, delict or quasi-delict’ within the meaning of 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?"
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