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An injunction too far: the Court of Justice of the European Union (ECJ) rules out injunctions against ISPs that allow general filtering to prevent illegal downloading

  • Hogan Lovells
  • -
  • European Union
  • -
  • November 25 2011

In what is both a highly anticipated and expected ruling issued on 24 November 2011, the Court of Justice of the European Union (the "ECJ") has held that under EU law, a national court cannot impose an injunction requiring an ISP to install a wide ranging filtering system in order to tackle illegal downloading since such an injunction is incompatible with EU law and the associated limitations on intermediary liability