03/02/2020
CURIA - Documents
In the light of the foregoing, the answer to the questions submitted is that Directives 2000/31, 2001/29, 2004/48,
95/46 and 2002/58, read together and construed in the light of the requirements stemming from the protection of
the applicable fundamental rights, must be interpreted as precluding an injunction made against an ISP which
requires it to install the contested filtering system.
Costs
Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the
national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the
Court, other than the costs of those parties, are not recoverable.
On those grounds, the Court (Third Chamber) hereby rules:
Directives:
2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the Internal Market (‘Directive on
electronic commerce’);
2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the information society;
2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of
intellectual property rights ;
95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data; and
2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing
of personal data and the protection of privacy in the electronic communications sector (Directive on
privacy and electronic communications),
together and construed in the light of the requirements stemming from the protection of the applicable
fundamental rights, must be interpreted as precluding an injunction made against an internet service
provider which requires it to install a system for filtering
all electronic communications passing via its services, in particular those involving the use of peer-topeer software;
which applies indiscriminately to all its customers;
as a preventive measure;
exclusively at its expense; and
for an unlimited period,
which is capable of identifying on that provider’s network the movement of electronic files containing a
musical, cinematographic or audio-visual work in respect of which the applicant claims to hold
intellectual-property rights, with a view to blocking the transfer of files the sharing of which infringes
copyright.
[Signatures]
* Language of the case: French.
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