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Brussels Court of Appeal decision - 28 January 2010

  • Bird & Bird
  • -
  • Belgium
  • -
  • April 21 2011

The Court of Appeal decided, before examining the technical feasibility of filtering measures, to seek a preliminary ruling from the Court of Justice of the European Union regarding whether a requirement on an Internet Access Provider to implement traffic-filtering mechanisms is consistent with EU legislation (and more precisely with its IP, e-Commerce, Data protection and e-Privacy regulations) as well as with the fundamental right of privacy and freedom of expression