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 2025

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

News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Partner Scott Sudderth says he is looking forward to building strong client relationships and expanding the firm’s patent practice
Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
Gift this article