Reference for a preliminary ruling from the Juzgado de lo Mercantil No 5 (Commercial Court No 5)/Madrid lodged on 26 June 2006 - Productores de Música de España v Telefónica de España SAU
(Case C-257/06)
Language of the case: Spanish
Referring court
Juzgado de lo Mercantil No 5 (Commercial Court No 5)/ Madrid
Parties to the main proceedings
Applicant: Productores de Música de España (Promusicae)
Defendant: Telefónica de España SAU
Question referred
Does Community law, in particular Articles 15(2) and 18 of Directive 2000/31/EC
1 of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market; Article 8(1) and (2) of Directive 2001/29/EC
2 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; Article 8 of Directive 2004/48/EC
3 of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights; and Articles 17(2) and 47 of the Charter of Fundamental Rights of the European Union, permit Member States to limit the duty of operators of electronic communications networks and services, providers of telecommunications network access and providers of data storage services to retain and make available connection and traffic information generated during the supply of an information society service to where it is required in connection with a criminal investigation or the need to protect public safety and national defence, thus excluding civil proceedings?