Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 September 2013 – Dimensione Direct Sales srl, Michele Labianca v Knoll International SpA

(Case C-516/13)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicants: Dimensione Direct Sales srl, Michele Labianca

Defendant: Knoll International SpA

Questions referred

Does the distribution right under Article 4(1) of Directive 2001/29/EC ¹ include the right to offer the original or copies of the work to the public for sale?

If the first question is to be answered in the affirmative:

Does the right to offer the original or copies of the work to the public for sale include not only contractual offers, but also advertising measures?

Is the distribution right infringed even if no purchase of the original or copies of the work takes place on the basis of the offer?

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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 L 167, p. 10).