Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/24/2011

Subject: The Court affirmed that EU law precludes the imposition of an injunction by a national court which requires an internet service provider to install a filtering system with a view to preventing the illegal downloading of files. Such an injunction does not comply with the prohibition on imposing a general monitoring obligation on such a provider, or with the requirement to strike a fair balance between, on the one hand, the right to intellectual property, and, on the other, the freedom to conduct business, the rights to protection of personal data, and the freedom to receive or impart information.

Parties: Scarlet Extended SA

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority - Art. 11 Freedom of information - Art. 17 Intellectual property

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