1.- Mr. Spoering, photographer, gave the reproduction of its photographs to Hi Hotel HCF SARL for the use, exclusively, in their brochures and websites. However, Hi Hotel HCF SARL gave, without authorization, his right to the publishing house Phaidon-Paris and Phaidon-Paris sends those pictures to Phaidon-Berlin. Subsequently, Mr. Spoering discovered in a library in Germany that his photographs have been published by Phaidon-Berlin in a book on interior architecture.
2.- Mr. Spoering took legal action against Hi Hotel HCF SARL in the German courts for infringement of his intellectual property rights. Mr. Spoering initiated legal actions only against Hi Hotel HCF SARL, and not against Phaidon-Berlin, in Germany for damages that occurred in Germany. Therefore, the German court can only hear about civil liability for infringement of copyright, inspired by the principle of territoriality and according to art. 5.3 Bruxelles I Regulation, when its legal system regulates and protects the intellectual property rights and if the damage occurs in the territory of the Member State where the event occurs.
3.- The ECJ interprets correctly interprets Art. 5.3 B-I regulation in this particular case, where the harm occured in a Member State which is different that the Member State where the initial act occured. The initial act was not against the German IP Law because it occurred in France non in Germany. Hence that initial act as not a direct harm from the point of view of German Law.