In those circumstances, the Oberster Gerichtshof decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) Is the term “intermediary” in Article 5(1)(a) and Article 8(3) of Directive [2001/29] to be interpreted as including an access provider who merely provides a user with access to the network by allocating him a dynamic IP address but does not himself provide him with any services such as email, FTP or file‑sharing services and does not exercise any control, whether de iure or de facto, over the services which the user makes use of? (2) If the first question is answered in the affirmative: Is Article 8(3) of Directive [2004/48], regard being had to Article 6 and Article 15 of Directive [2002/58], to be interpreted (restrictively) as not permitting the disclosure of personal traffic data to private third parties for the purposes of civil proceedings for alleged infringements of exclusive rights protected by copyright (rights of exploitation and use)?’ The questions referred for a preliminary ruling