The initial action has been brought in 2009 by the collective management organization against local cable network operator. Both parties have lodged the cessation appeals from the lower courts’ decisions. Until now the Supreme Court has decided three times on this case (2011, 2013, 2015). In its order as of 15.5.2015 (case no. V CSK 41/14) the request for a preliminary ruling has been finally lodged.
Both questions referred are related to the interpretation of Article 13 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Eur-Lex). In the background there are substantial controversies concerning the interpretation of Article 79 Sec. 1 No. 3 lit. b of Polish Act on Copyright and Neighboring Rights (wipolex).