Mio and Others

Translation C-580/23 – 1 Case C-580/23 Summary of the request for a preliminary ruling pursuant to Article 98(1) of the Rules of Procedure of the Court of Justice Date lodged: 21 September 2023 Referring court: Svea hovrätt, Patentoch marknadsöverdomstolen (Sweden) Date of the decision to refer: 20 September 2023 Applicants: Mio AB Mio e-handel AB Mio Försäljning AB Defendant: Galleri Mikael & Thomas Asplund Aktiebolag Subject matter of the main proceedings Infringement of copyright Subject matter and legal basis of the request Request pursuant to Article 267 TFEU for an interpretation of Articles 2 to 4 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 EN SUMMARY OF THE REQUEST FOR A PRELIMINARY RULING – CASE C-580/23 Questions referred for a preliminary ruling 1. In the assessment of whether a subject-matter of applied art merits the farreaching protection of copyright as a work within the meaning of Articles 2 to 4 of Directive 2001/29/EC, how should the examination be carried out – and which factors must or should be taken into account – in the question of whether the subject-matter reflects the author’s personality by giving expression to his or her free and creative choices? In that regard, the question is in particular whether the examination of originality should focus on factors surrounding...