IPPT20111124, ECJ, Scarlet v SABAM

Print this page 23-12-2011
IPPT20111124

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Precluded injunction made against an ISP to install peer-to-peer filtering system
• Consequently, it must be held that, in adopting the injunction requiring the ISP to install the contested filtering system, the national court concerned would not be respecting the requirement that a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other. 
• In the light of the foregoing, the answer to the questions submitted is that Directives 2000/31, 2001/29, 2004/48, 95/46 and 2002/58, read together and construed in the light of the requirements stemming from the protection of the applicable fun-damental rights, must be interpreted as precluding an injunction made against an ISP which requires it to install the contested filtering system.

 

IPPT20111124, ECJ, Scarlet v SABAM