All actions which seek to establish the liability of a defendant are the concept of ‘matters relating to tort delict of quasi-delict’
32. According to settled case-law, the concept of ‘matters relating to tort, delict or quasi-delict’ covers all actions which seek to establish the liability of a defendant and do not concern ‘matters relating to a contract’ within the meaning of Article 5(1)(a) of Regulation No 44/2001.
A claim seeking to obtain ‘fair compensation’ for reprographic reproduction or reproduction for private use due by virtue of national law falls within ‘matters relating to tort, delict or quasi-delict’, within the meaning of Article 5(3) of that regulation.
53. In those circumstances, the answer to the question referred is that Article 5(3) of Regulation No 44/2001 must be interpreted as meaning that a claim seeking to obtain payment of remuneration due by virtue of a national law, such as that at issue in the main proceedings, implementing the ‘fair compensation’ system provided for in Article 5(2)(b) of Directive 2001/29, falls within ‘matters relating to tort, delict or quasi-delict’, within the meaning of Article 5(3) of that regulation.
IPPT20160421, CJEU, Austro-Mechana v Amazon
C-572/14 - ECLI:EU:C:2016:286
