Request for a preliminary ruling from the Eparkhiako Dikastirio Lefkosias (Cyprus) lodged on 27 March 2013 – Sotiris Papasavvas v O Phileleftheros Dimosia Etairia Ltd, Takis Kounnafi, Giorgos Sertis

(Case C-291/13)

Language of the case: Greek

Referring court

Eparkhiako Dikastirio Lefkosias

Parties to the main proceedings

Claimant: Sotiris Papasavvas

Defendants: O Phileleftheros Dimosia Etairia Ltd, Takis Kounnafi, Giorgos Sertis

Questions referred

Bearing in mind that the laws of the Member States on defamation affect the capacity to provide information services by electronic means both at national level and within the European Union, might those laws be regarded as restrictions on the provision of information services for the purposes of applying Directive 2000/31/EC?

If the answer to Question 1 is in the affirmative, do the provisions of Articles 12, 13 and 14 of Directive 2000/31/EC, on the question of liability, apply to private civil matters, such as civil liability for defamation, or are they limited to civil liability in matters concerning business to consumer transactions?

Bearing in mind the purpose of Articles 12, 13 and 14 of Directive 2000/31/EC relating to the liability of information society service providers and the fact that, in many Member States, an action must exist in order for a prohibitory injunction to be granted which will remain in force pending full completion of the proceedings, do those articles create individual rights which may be pleaded as defences in law in a civil action for defamation, or must they operate as an obstacle in law to the bringing of such actions?

Do the definitions of ‘information society service’ and ‘service provider’ in Article 2 of Directive 2000/31/EC and Article 1(2) of Directive 98/34/EC, as amended by Directive 98/48/EC, cover online information services the remuneration for which is provided not directly by the recipient, but indirectly by means of commercial advertisements posted on the website?

Bearing in mind the definition of ‘information service provider’, laid down in Article 2 of Directive 2000/31/EC and Article 1(2) of Directive 98/34/EC, as amended by Directive 98/48/EC, could the following, or any of them, be regarded as a ‘mere conduit’ or ‘caching’ or ‘hosting’ for the purposes of Articles 12, 13 and 14 of Directive 2000/31/EC:

a newspaper that operates a free website on which the online version of the printed newspaper, with all its articles and advertisements, is posted in pdf format or another similar electronic format;

an online newspaper which is freely accessible but the provider obtains money from commercial advertisements posted on the website, where the information contained in the online newspaper comes from the newspaper’s staff and/or freelance journalists;

a website which provides (a) or (b) above for a subscription?