Opinion of the Advocate General in the case C-314/12

www.curia.europa.eu Press and Information Court of Justice of the European Union PRESS RELEASE No 149/13 Luxembourg, 26 November 2013 Advocate Generals Opinion in Case C-314/12 UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH und Wega Filmproduktionsgesellschaft GmbH According to Advocate General Cruz Villaln an internet provider can be required to block access by its customers to a website which infringes copyright Such a court injunction must refer to specific blocking measures and achieve an appropriate balance between the opposing interests which are protected by fundamental rights According to EU law, Member States are to ensure that copyright holders or holders of related rights are able to apply for an injunction against intermediaries whose services are used by a third party to infringe their rights1 . It is already established that internet providers2 can in principle be regarded as intermediaries and therefore as persons against which such injunctions, which are aimed at bringing to an end infringements already committed and at preventing further infringements, can be granted. In practice, the operators of illegal websites and the internet providers which make them available online are frequently based outside Europe or conceal their identity, making it difficult to pursue them before the courts. The Austrian Oberster Gerichtshof (Supreme Court) seeks to ascertain from the Court of Justice whether a provider which provides internet access only to users of an...