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UPC Telekabel Wien GmbH v. Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH

Case No. C-314/12 (2014)

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UPC Telekabel Wien GmbH v. Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH

European Union Court of Justice
Case No. C-314/12 (2014)

  • Written by Jody Stuart, JD

Facts

Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH (collectively, the film companies) (plaintiffs), two film-production companies, learned that a website was making the film companies’ films available without their consent, in violation of their copyrights for the films. Subsequently, the film companies sought an injunction in Austrian court to require UPC Telekabel Wien GmbH (Telekabel) (defendant), an internet service provider (ISP), to block Telekabel’s customer access to the website at issue. The national court requested a preliminary ruling from the European Union Court of Justice regarding an injunction (the Telekabel injunction) that would prohibit an ISP from allowing its customers to access a website placing protected works online without the copyright owner’s consent. In particular, the national court requested a preliminary ruling regarding whether the fundamental rights under European Union (EU) law would preclude the Telekabel injunction if (1) the injunction did not specify the measures that the ISP must take, and (2) the ISP could avoid incurring coercive penalties for breaching the injunction by showing the ISP had taken all reasonable measures.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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