03/02/2020 CURIA - Documents InfoCuria Case-law English (en) Home > Search form > List of results > Documents Language of document : English ECLI:EU:C:2014:76 JUDGMENT OF THE COURT (Fourth Chamber) 13 February 2014 (*) (Reference for a preliminary ruling – Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Meaning – Internet links (‘clickable links’) giving access to protected works) In Case C‑466/12, REQUEST for a preliminary ruling under Article 267 TFEU from the Svea hovrätt (Sweden), made by decision of 18 September 2012, received at the Court on 18 October 2012, in the proceedings Nils Svensson, Sten Sjögren, Madelaine Sahlman, Pia Gadd v Retriever Sverige AB, THE COURT (Fourth Chamber), composed of L. Bay Larsen, President of the Chamber, M. Safjan, J. Malenovský (Rapporteur), A. Prechal and S. Rodin, Judges, Advocate General: E. Sharpston, Registrar: C. Strömholm, Administrator, having regard to the written procedure and further to the hearing on 7 November 2013, after considering the observations submitted on behalf of: Mr Svensson, Mr Sjögren and Ms Sahlman, by O. Wilöf, förbundsjurist, Ms Gadd, by R. Gómez Cabaleiro, abogado, and M. Wadsted, advokat, Retriever Sverige AB, by J. Åberg, M. Bruder and C. Rockström, advokater, the French Government, by D. Colas, F.-X. Bréchot and B. Beaupère-Manokha, acting as Agents, the Italian Government, by G. Palmieri, acting as Agent, and by S. Fiorentino, avvocato dello Stato, the United Kingdom Government, by J. Beeko, acting as Agent, and by N. Saunders, Barrister, the European Commission, by J. Samnadda and J. Enegren, acting as Agents, having decided, after hearing the Advocate General, to proceed to judgment without an Opinion, gives the following Judgment This request for a preliminary ruling concerns the interpretation of Article 3(1) 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 (OJ 2001 L 167, p. 10). The request has been made in proceedings between Mr Svensson, Mr Sjögren, Ms Sahlman and Ms Gadd, the applicants in the main proceedings, and Retriever Sverige AB (‘Retriever Sverige’) concerning compensation allegedly payable to them for the harm they consider they have suffered as a result of the inclusion on that company’s website of clickable Internet links (hyperlinks) redirecting users to press articles in which the applicants hold the copyright. Legal context International law The WIPO Copyright Treaty The World Intellectual Property Organisation (WIPO) adopted the WIPO Copyright Treaty (‘the WIPO Copyright Treaty’) in Geneva on 20 December 1996. It was approved on behalf of the European Community by Council Decision 2000/278/EC of 16 March 2000 (OJ 2000 L 89, p. 6). Article 1(4) of the WIPO Copyright Treaty provides that the contracting parties are to comply with Articles 1 to 21 of the Convention for the Protection of Literary and Artistic Works, signed at Berne on 9 September 1886 (Paris Act of 24 July 1971), as amended on 28 September 1979 (‘the Berne Convention’). The Berne Convention Article 20 of the Berne Convention, entitled ‘Special Agreements Among Countries of the Union’, states: ‘The Governments of the countries of the Union reserve the right to enter into special agreements among themselves, in so far as such agreements grant to authors more extensive rights than those granted by the Convention, or contain other provisions not contrary to this Convention. The provisions of existing agreements which satisfy these conditions shall remain applicable.’ European Union law Recitals 1, 4, 6, 7, 9 and 19 in the preamble to Directive 2001/29 state: curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130dea3de77ab50064031bf9b803abc02dac5.e34KaxiLc3eQc40LaxqMbN4ObxeRe0?text=&do… 1/4