03/02/2020 CURIA - Documents InfoCuria Case-law English (en) Home > Search form > List of results > Documents Language of document : English ECLI:EU:C:2008:54 JUDGMENT OF THE COURT (Grand Chamber) 29 January 2008 (*) (Information society – Obligations of providers of services – Retention and disclosure of certain traffic data – Obligation of disclosure – Limits – Protection of the confidentiality of electronic communications – Compatibility with the protection of copyright and related rights – Right to effective protection of intellectual property) In Case C‑275/06, REFERENCE for a preliminary ruling under Article 234 EC by the Juzgado de lo Mercantil No 5 de Madrid (Spain), made by decision of 13 June 2006, received at the Court on 26 June 2006, in the proceedings Productores de Música de España (Promusicae) v Telefónica de España SAU, THE COURT (Grand Chamber), composed of V. Skouris, President, C.W.A. Timmermans, A. Rosas, K. Lenaerts, G. Arestis and U. Lõhmus, Presidents of Chambers, A. Borg Barthet, M. Ilešič, J. Malenovský (Rapporteur), J. Klučka, E. Levits, A. Arabadjiev and C. Toader, Judges, Advocate General: J. Kokott, Registrar: M. Ferreira, Principal Administrator, having regard to the written procedure and further to the hearing on 5 June 2007, after considering the observations submitted on behalf of: Productores de Música de España (Promusicae), by R. Bercovitz Rodríguez Cano, A. González Gozalo and J. de Torres Fueyo, abogados, Telefónica de España SAU, by M. Cornejo Barranco, procuradora, R. García Boto and P. Cerdán López, abogados, the Italian Government, by I.M. Braguglia, acting as Agent, assisted by S. Fiorentino, avvocato dello Stato, the Slovenian Government, by M. Remic and U. Steblovnik, acting as Agents, the Finnish Government, by J. Heliskoski and A. Guimaraes-Purokoski, acting as Agents, the United Kingdom Government, by Z. Bryanston-Cross, acting as Agent, and S. Malynicz, Barrister, the Commission of the European Communities, by R. Vidal Puig and C. Docksey, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 18 July 2007, gives the following Judgment This reference for a preliminary ruling concerns the interpretation of 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’) (OJ 2000 L 178, p. 1), 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 (OJ 2001 L 167, p. 10), Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, and corrigendum, OJ 2004 L 195, p. 16), and Articles 17(2) and 47 of the Charter of Fundamental Rights of the European Union proclaimed in Nice on 7 December 2000 (OJ 2000 C 364, p. 1, ‘the Charter’). The reference was made in the course of proceedings between Productores de Música de España (Promusicae) (‘Promusicae’), a non-profit-making organisation, and Telefónica de España SAU (‘Telefónica’) concerning Telefónica’s refusal to disclose to Promusicae, acting on behalf of its members who are holders of intellectual property rights, personal data relating to use of the internet by means of connections provided by Telefónica. Legal context International law Part III of the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘the TRIPs Agreement’), which constitutes Annex 1C to the Agreement establishing the World Trade Organisation (‘the WTO’), signed at Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ 1994 L 336, p. 1), is headed ‘Enforcement of intellectual property rights’. That part includes Article 41(1) and (2), according to which: ‘1. Members shall ensure that enforcement procedures as specified in this Part are available under their law so as to permit effective action against any act of infringement of intellectual property rights covered by this Agreement, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse. 2. Procedures concerning the enforcement of intellectual property rights shall be fair and equitable. They shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.’ curia.europa.eu/juris/document/document.jsf?text=&docid=70107&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=116452) 1/9