Germany refers questions to the CJEU for a preliminary ruling on the German news publishers’ right scheme

With decision of 8 May 2017, the regional Court of Berlin referred questions for a preliminary ruling to the Court of Justice of the European Union (CJEU) concerning the press publishers’ neighbouring right in Germany. The court is asking whether the rules on the press publishers’ neighbouring right implemented into German copyright law had to be notified to the European Commission first.

Back then the German Government did not notify the Commission of the enactment of the new law, therefore the scheme could be put into question should the CJEU find that there was a need to notify.