CJEU Allowed Website Blocking Injunctions with Some Reservations

Journal of Intellectual Property Law and Practice, Volume 9 Issue 7 July 2014

Posted: 6 May 2014 Last revised: 23 Sep 2014

Martin Husovec

Tilburg Law and Economics Center (TILEC); Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT); Stanford University - Stanford Law School Center for Internet and Society

Date Written: April 20, 2014

Abstract

The Court of Justice of the European Union issued its long awaited decision on admissibility of the website blocking injunctions. The ruling generally allows website blocking, but at the same time makes its permissibility dependent on the number of requirements. Because the decision addresses primarily website blocking injunctions which omit to specify exact blocking technology and/or fixed address of the website (so called open-ended injunctions), it is subject to the interpretation to what extent its principles apply also to the website blocking injunctions that are specific. This case note comes to the conclusion that open-ended website blocking injunctions just: (i) be strictly targeted, (ii) at least partially prevent and seriously discourage the access to a targeted website, (iii) not lead to unbearable sacrifices for an access provider, (iv) must give a court in enforcement proceedings a possibility to asses their reasonableness, (v) provide for a possibility for users to challenge the scope of the blocks once the implementing measures are known (ยง 56) and (vi) be transparent in their implementation. If the above six conditions are not met, the open-ended website blocking injunction may not be issued. On the other hand, only some of these conditions will probably apply to specific website blocking injunctions.

Keywords: website blocking injunctions, intermediaries, liability, CJEU, injunctions against innocent third parties

JEL Classification: K10

Suggested Citation

Husovec, Martin, CJEU Allowed Website Blocking Injunctions with Some Reservations (April 20, 2014). Journal of Intellectual Property Law and Practice, Volume 9 Issue 7 July 2014. Available at SSRN: https://ssrn.com/abstract=2433361

Martin Husovec (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Paper statistics

Abstract Views
471