Advocate General issues Opinion in website blocking case

bureau Brandeis
28 Nov 2013

On November 26, 2013  Advocate General Cruz Villalón issued his Opinion in the UPC Telekabel-case pending before the European Court of Justice.

The Advocate General takes the view that it is incompatible with EU law to prohibit an internet service provider generally and without ordering specific measures from allowing its customers to access a particular website that infringes copyright. A specific blocking measure relating to a specific website cannot, however, be ruled out completely. It is for the national courts to weigh the fundamental rights of the parties against each other and to strike a fair balance between those fundamental rights.