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C-435/12

ACI ADAM E.A.

The referring court asks:-

1. Should Article 5(2)(b) be interpreted as meaning that the limitation on copyright applies regardless of whether the works became available to the natural person concerned lawfully  or does the limitation only apply when the work has become available without an infringement of copyright?

2. If the answer is that it applies only when work becomes available without infringement:-

a) Can the application of the three stage test form the basis of the expansion of the scope of Article 5(2) or    can its application only lead to the reduction of the scope?

b) Is a national law that provides for payment of fair compensation for reproductions as above contrary to Article 5?

3. Is the Enforcement Directive (Directive 2004/48/EC) applicable to these proceedings – where a Member State has imposed an obligation to pay fair compensation under 5(2)(b)?