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Court of Appeal of Antwerp finds that the Pirate Bay website must be blocked

Belgium - November 22 2011 On 3 October 2011, the Court of Appeal of Antwerp issued a judgment in cease-anddesist proceedings between a non-profit association established by Belgian video manufacturers, the Belgian Anti-Piracy Federation (“BAF”), and the internet service providers Telenet and Belgacom.

Erik Valgaeren.

Court of Justice finds that selective distribution agreements prohibiting the sale via internet unlawfully restrict competition and cannot benefit from a block exemption

European Union - November 22 2011 In a judgment of 13 October 2011, the European Court of Justice (ECJ) ruled on the lawfulness of a clause in selective distribution agreements prohibiting distributors from selling the products via the internet.

Erik Valgaeren.

District Court of Alkmaar holds that even in case of a resolution time in service level agreements a notice of default can be required

Netherlands - November 22 2011 On 3 August 2011, the District Court of Alkmaar rendered a judgment on contractually agreed resolution times in a so-called service level agreement (“SLA”).

Erik Valgaeren.

Article 29 Working Party finds the online behavioural advertising self-regulatory framework non-compliant with the e-Privacy Directive

European Union - April 19 2012 European Directive 2009/136/EC, which revises the e-Privacy Directive (2002/58/EC), was adopted in November 2009.

Erik Valgaeren.

European Court of Justice rules that a general monitoring obligation is not compatible with EU law

Belgium, European Union - April 19 2012 On 24 November 2011, the European Court of Justice (“ECJ”) ruled that European law precludes the imposition of an injunction against internet service providers requiring it to install a general filtering system for the purpose of preventing illegal downloading activities.

Erik Valgaeren.