03/02/2020
CURIA - Documents
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 (Grand Chamber) hereby rules:
Directive 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’), Directive 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, Directive 2004/48/EC of the European Parliament and of the Council of 29 April
2004 on the enforcement of intellectual property rights, and Directive 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) do not require the Member States to lay down, in a situation such as that in the main
proceedings, an obligation to communicate personal data in order to ensure effective protection of
copyright in the context of civil proceedings. However, Community law requires that, when transposing
those directives, the Member States take care to rely on an interpretation of them which allows a fair
balance to be struck between the various fundamental rights protected by the Community legal order.
Further, when implementing the measures transposing those directives, the authorities and courts of
the Member States must not only interpret their national law in a manner consistent with those
directives but also make sure that they do not rely on an interpretation of them which would be in
conflict with those fundamental rights or with the other general principles of Community law, such as
the principle of proportionality.
[Signatures]
* Language of the case: Spanish.
curia.europa.eu/juris/document/document.jsf?text=&docid=70107&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=116452)
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