Referral C-601/25 (E. spółka z ograniczoną odpowiedzialnością, 9 Sep 2025)

1. Must Article 17 of Directive 2014/26/EU, read in conjunction with recital 33 thereof, and Article 8(1) of Directive 2004/48/EC, read in conjunction with Article 3(2) thereof, be interpreted as precluding an interpretation of national law that enables collective management organisations to demand that users be ordered to provide information concerning unlawful (that is to say, constituting an infringement) use of copyright or related rights, outwith the context of any court proceedings or any claim arising from the infringement of intellectual property rights?

2. Must Article 17 of Directive 2014/26/EU, read in conjunction with recital 33 thereof, be interpreted as meaning that a collective management organisation, which is seeking in court proceedings against a user an order that the user provide specified information concerning the use of copyright and related rights, must prove, or render plausible, that the rightholders it represents have a claim to the payment of statutory or contractual remuneration, or that that information is necessary for the distribution and payment to the rightholders of the amounts due to them?