Judgment of the Court (Fourth Chamber) of 22 January 2015 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Pez Hejduk v EnergieAgentur.NRW GmbH

(Case C-441/13) (1)

((Reference for a preliminary ruling - Regulation (EC) No 44/2001 - Article 5(3) - Special jurisdiction in matters relating to tort, delict or quasi-delict - Copyright - Dematerialised content - Placing online - Determination of the place of the event giving rise to the damage - Criteria))

(2015/C 107/08)

Language of the case: German

Referring court

Handelsgericht Wien

Parties to the main proceedings

Applicant: Pez Hejduk

Defendant: EnergieAgentur.NRW GmbH

Operative part of the judgment

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 must be interpreted as meaning that, in the event of an allegation of infringement of copyright and rights related to copyright guaranteed by the Member State of the court seised, that court has jurisdiction, on the basis of the place where the damage occurred, to hear an action for damages in respect of an infringement of those rights resulting from the placing of protected photographs online on a website accessible in its territorial jurisdiction. That court has jurisdiction only to rule on the damage caused in the Member State within which the court is situated.

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(1)  OJ C 313, 26.10.2013.