European Court of Justice, BestWater International GmbH v Michael Mebes and Stefan Potsch, C348/13

(1) The Court issued a reasoned order ex Article 99 of the Rule of Procedure of the European Court of Justice, which  applied the findings of the Svensson decision (see below).

(2) The case concerned the lawfullness under EU law of the practice of inserting on websites clickable links that use the technique of "framing" and through which the user was directed to a film on which BestWater maintained the exclusive rights. BestWater manufactures and markets water filter systems. For advertising needs, she produced a short film on the water pollution. The film was available on the video platform "YouTube" without Bestwater's consent. Mebes and Potsch are independent sales agents who act on behalf of a competitor of BestWater International. They each have a website where they promote the products marketed by their client. During the summer of 2010, Mebes and Potsch allowed the visitors to their websites to view BestWater's film through a web link using the technique of "framing," giving the impression that it was shown on thier websites.

(3) The mere fact that a copyrighted work, freely available on a web site, is inserted on another website through a link using the technique of "framing" can not be described as "communication to the public" under EU law, to the extent that the work in question is not transmitted to a new public or disclosed following a specific technical mode, different from the original communication.