CyberLaw Blog

Archive for the ‘ECJ’ Category

Commission asks ECJ to rule on ACTA compatibility: “The European Commission is to ask the European Court of Justice (ECJ) to rule whether a controversial international anti-piracy agreement is compatible with ‘fundamental EU rights and freedoms’.”

(Via OUT-LAW News.)

Courts cannot force social networks to broadly monitor for illegal file-sharing, ECJ rules: “National courts cannot force social networks to monitor for copyright infringement by users because it would not strike a ‘fair balance’ between the rights of rights holders and the rights of those platforms and its users, the European Court of Justice (ECJ) has ruled.”

(Via OUT-LAW News.)

Courts cannot force ISPs into broad filtering and monitoring for copyright-infringing traffic, ECJ rules: “Court injunctions that force internet service providers (ISPs) to filter and monitor user traffic in order to prevent illegal file-sharing are contrary to EU law and fundamental rights, the European Court of Justice (ECJ) has said.“

(Via OUT-LAW News.)

EU court upholds national restrictions against online gambling(EUOBSERVER)
The EU’s top court ruled that national governments can uphold domestic restrictions on online gambling and ban foreign websites if the intention is to stop fraud and crime. In a case brought by Austrian online betting provider Bwin against the Portuguese state lottery, the European Court of Justice (ECJ) ruled that the state monopoly’s restrictions ‘may be regarded as justified by the objective of combating fraud and crime. The ruling is a setback for online gambling groups, which have been pushing for an EU-wide open market in this field.

(Via QuickLinks Update.)

ECJ says online retailers can almost never charge for use made of returned goods: “Online retailers can only charge a consumer for the use they made of a product which they then returned if it was used in bad faith or for ‘unjust enrichment’, the European Court of Justice (ECJ) has said.”

(Via OUT-LAW News.)

E-tailers can’t reclaim value of use of returned goods, says ECJ advisor: “Online retailers cannot reclaim some of the purchase price of goods even if they are returned after a long time and have given the user some benefit, an advocate general of the European Court of Justice (ECJ) has said.”

(Via OUT-LAW News.)

Data Retention Directive has sound legal basis, rules ECJ: “

It’s economics, not policing judges say

The European Union’s Data Retention Directive has a sound legal basis because it connects to policing but does not actually cover policing functions, the European Court of Justice (ECJ) has said.…

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(Via The Register – Public Sector.)