IP case law Court of Justice

Referral C-149/17 (Bastei Lübbe, 24 Mar 2017)



1. Should Article 8(1) and (2), in conjunction with Article 3(1), of Directive 2001/29/EC 1 be interpreted as meaning that ‘effective and dissuasive sanctions for infringements of the right to make works available to the public’ are still provided for even when the owner of an Internet connection used for copyright infringements through file-sharing is excluded from liability to pay damages if the owner of that Internet connection can name at least one family member who, besides him or her, might have had access to that Internet connection, without providing further details, established through appropriate investigations, as to when and how the Internet was used by that family member?

2. Should Article 3(2) of Directive 2004/48/EC 2 be interpreted as meaning that ‘effective measures for the enforcement of intellectual property rights’ are still provided for even when the owner of an Internet connection used for copyright infringements through file-sharing is excluded from liability to pay damages if the owner of that Internet connection can name at least one family member who, besides him or her, might have had access to that Internet connection, without providing further details, established through appropriate investigations, as to when and how the Internet was used by that family member?





Case details on the CJEU website (external link)