Abstract

A partially critical gloss to the judgement of the The Court of Justice of the European Union of 13 February 2014 in case C-466/12 Nils Svensson and Others v. Retriever Sverige AB, in which the CJEU found that publication of web hyperlinks to copyrighted works does not constitutes communication of the work to the public within the meaning of Art. 3(1) of Directive 2001/29.The author of the gloss critically evaluates the statement of the grounds for the judgement pointing to the need for a separate analysis of the situation whereby the work to which the link refers to is on a website on the Internet which can be accessed by anyone without restrictions or if access is restricted in some way.