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Svensson v. Retriever Sverige AB
European Union Court of Justice
Case C-466/12 (2014)
A group of journalists—Svensson, Sjogren, Sahlman, and Gadd (the journalists) (plaintiffs)—sued Retriever Sverige AB (Retriever Sverige) (defendant) for copyright infringement. Retriever Sverige included links to published works by the journalists on its website. The articles themselves were freely available without restrictions on the website of the journalists’ newspaper. The parties disputed whether it was clear to users who clicked on the links that they had been redirected to another website to access the work or if users would believe they were still on the Retriever Sverige website. The journalists sued Retriever Sverige in the Stockholm District Court, which rejected their claims, before appealing to the Svea Court of Appeal, which in turn stayed the action to refer preliminary rulings on matters of law to the European Union Court of Justice.
Rule of Law
Holding and Reasoning (Larsen, Safjan, Malenovsky, Prechal, Rodin, J.J.)
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