CJEU rules that notion of ‘address’ in the Enforcement Directive is limited to one’s own postal address
2020; Oxford University Press; Volume: 15; Issue: 10 Linguagem: Inglês
10.1093/jiplp/jpaa138
ISSN1747-1540
Autores Tópico(s)International Arbitration and Investment Law
ResumoCourt of Justice of the European Union, Case C-264/19, Constantin Film Verleih GmbH v YouTube LLC and Google Inc., EU:C:2020:542, 9 July 2020 Agreeing with the Opinion of Advocate General Saugmandsgaard Øe in the same case (EU:C:2020:261), the Court of Justice of the European Union has ruled that the notion of ‘address’ in Article 8(2)(a) of the Enforcement Directive 2004/48 is limited to one’s own postal address, and does not include one’s own email and IP address or telephone number. However, since the Enforcement Directive is a measure of minimum harmonization, individual Member States are entitled to grant more extensive protection. The dispute between film producer Constantin Film and YouTube and its parent company Google arose further to the refusal, by the latter, to disclose details of users who had uploaded on YouTube unlicensed full-length versions of Constantin Film’s productions Parker and Scary Movie 5....
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