9.11.2013
EN
Official Journal of the European Union
C 325/8
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 25 June 2013 — BestWater International GmbH v Michael Mebes, Stefan Potsch
(Case C-348/13)
2013/C 325/12
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: BestWater International GmbH
Defendants: Michael Mebes, Stefan Potsch
Question referred
Does the embedding, within one’s own website, of another person’s work made available to the public on a third-party website, in circumstances such as those in the main proceedings, constitute communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC, (1) even where that other person’s work is not thereby communicated to a new public and the communication of the work does not use a specific technical means which differs from that of the original communication?
(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).
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