CJEU adviser clarifies rules on ISP injunctions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CJEU adviser clarifies rules on ISP injunctions

The legal adviser to the Court of Justice of the EU has advised it to clarify that national courts can order internet service providers to block access to websites that infringe copyright

Advocate General Pedro Cruz Villalón said that ISPs that provide internet access to infringing sites can be regarded as intermediaries under the Copyright Directive, and can therefore be the subject of an injunction.

But Cruz Villalón said that any injunction must refer to specific blocking measures and balance the interests of the parties. It would be incompatible with the weighing of those rights, for example, ban an ISP generally and without ordering specific measures from allowing its customers to access a particular website that infringes copyright. He added that rightholders must, where possible, claim directly against the operators of the illegal website or their providers.

The Advocate General’s opinion relates to a dispute between copyright owner Constantin Film Verleih and Wega Filmproduktionsgesellschaft and Austrian internet provider UPC Telekabel Wien. Constantin Film had asked the Austrian courts to injunct UPC from allowing its customers to access kino.to, a website that allows users to access movies posted without the copyright owners’ consent.

The Austrian Supreme Court has asked the CJEU to rule whether UPC can be regarded as an intermediary in this case, and to clarify how it should issue an injunction, if it is permitted to do so.

more from across site and SHARED ros bottom lb

More from across our site

The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Abion says it has brought on board Matt Serlin as its first US hire to meet client demand for ‘full circle’ trademark and domain name services
News of Health Hoglund joining Sisvel and the Delhi High Court staying a $2.2 million decree in favour of Philips were also among the top talking points
The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
Gift this article