Paid hyperlink sufficiënt for infringement in Member State

29-06-2023 Print this page
IPPT20230427, CJEU, Lännen v Berky

International jurisdiction. Criterion ‘in the courts of the Member State in which the act of infringement has been committed or threatened’ requires active conduct. Active conduct with a sufficient connecting factor with the Member State of which the public is targeted when an undertaking pays the operator of a search engine website with a national top-level domain of a Member State other than that in which it is established, in order to display, for the public of that Member State, a link to that undertaking’s website, thereby enabling a specifically targeted public to access its product offering.


IPPT20230427, CJEU,  Lännen v Berky