AG Saugmandsgaard Øe says that failure to pay private copying levy is a tort (for the sake of establishing jurisdiction)
Henrik Saugmandsgaard Øe Via Katfriend and former GuestKat Kate Manning (Curated Media) comes the news that the Opinion of Advocate General (AG) Henrik Saugmandsgaard Øe [ here if you read Danish] in Austro-M echana , C-572/14 - escaping this Kat's attention (and much to her shame) - was in fact released on 17 February 2016. This is yet another reference for a preliminary ruling regarding interpretation of the private copying exception within Article 5(2)(b) of the InfoSoc Directive , but with yet another interesting twist. The referring court (the Austrian Supreme Court) is in fact asking the Court of Justice of the European Union (CJEU) to say whether a claim for missed payment of ‘fair compensation’ under this provision can be considered akin to 'tort, delict or quasi-delict' within what is currently Article 7(2) of Brussels I Recast [formerly Article 5(3) of Brussels I] ...