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Jurisdiction issue over the sale of copyright-infringing CDs: a new referral to the CJEU by the French Court of Cassation

On 5 April 2012, the French Court of Cassation stayed of proceedings in a copyright infringement case opposing a French songwriter to an Austrian CD manufacturer and referred preliminary questions to the CJEU on the interpretation of Article 5 (3) of Regulation 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).

At national level, a songwriter and performer discovered that his songs had been reproduced, without his consent, on a CD printed in Austria. The CDs were then offered for sale on different websites by UK companies. In October 2006, the songwriter and performer sued the Austrian manufacturer before the Court of First Instance in [...]

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