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 move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Gift this article