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Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022

Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Generalized and indiscriminate retention of traffic data and location data for a period of six months – Fight against serious crime – Access to retained data – Information of … Continue reading Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022

Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 19 Apr 2012

ECJ The applicants, publishers with exclusive rights to reproduce etc, certain audio books, claimed that their exclusive rights had been infringed by the public distribution of the works without their consent by means of a file transport protocol server which allowed file sharing and data transfer between computers connected to the internet. The applicants applied … Continue reading Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 19 Apr 2012

Proximus (Annuaires Electroniques Publics) (Judgment): ECJ 27 Oct 2022

Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public directories and telephone directory inquiry services – Consent of the subscriber – Obligations of the supplier directories and information services – Regulation (EU) 2016/679 – Article 17 – … Continue reading Proximus (Annuaires Electroniques Publics) (Judgment): ECJ 27 Oct 2022

Institut Professionnel Des Agents Immobiliers v Geoffrey Englebert: ECJ 7 Nov 2013

ECJ Processing of personal data – Directive 95/46/EC – Articles 10 and 11 – Obligation to inform – Article 13(1)(d) and (g) – Exceptions – Scope of exceptions – Private detectives acting for the supervisory body of a regulated profession – Directive 2002/58/EC – Article 15(1) Judges: M. Ilesic, P Citations: C-473/12, [2013] EUECJ C-473/12 … Continue reading Institut Professionnel Des Agents Immobiliers v Geoffrey Englebert: ECJ 7 Nov 2013

Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 29 Jan 2008

ECJ Information society Obligations of providers of services Retention and disclosure of certain traffic data Obligation of disclosure Limits Protection of the confidentiality of electronic communications Compatibility with the protection of copyright and related rights Right to effective protection of intellectual property. Citations: [2008] EUECJ C-275/06, C-275/06 Links: Bailii Jurisdiction: European Citing: See Also – … Continue reading Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 29 Jan 2008

Josef Probst v Mr.Nexnet Gmbh: ECJ 22 Nov 2012

ECJ Electronic communications – Directive 2002/58/EC – Article 6(2) and (5) – Processing of personal data – Traffic data necessary for billing and debt collection – Debt collection by a third company – Persons acting under the authority of the providers of public communications networks and electronic communications services Judges: K. Lenaerts Citations: C-119/12, [2012] … Continue reading Josef Probst v Mr.Nexnet Gmbh: ECJ 22 Nov 2012

Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 17 Nov 2011

ECJ (Opinion) Copyright and related rights – Right to effective protection of intellectual property – Directive 2004/48/EC – Article 8 – Protection of personal data – Electronic communications – Retention of data generated some – Transmission of data staff in particular – Directive 2002/58/EC – Article 15 – Directive 2006/24/EC – Article 4 – Audiobooks … Continue reading Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 17 Nov 2011

Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 18 Jul 2007

The provisions of article 13, as referred to in article 15(1) of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector ([2002] OJ L201/37) must be interpreted as ‘expressing the Community legislature’s intention not to exclude from their scope the protection of the right to property … Continue reading Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 18 Jul 2007

Ministerio Fiscal – C-207/16: ECJ 3 May 2018

Electronic Communications – Processing of Personal Data – Opinion – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Right to private life and right to protection of personal data – Directive 2002/58/EC – Article 1 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles … Continue reading Ministerio Fiscal – C-207/16: ECJ 3 May 2018

GD v Commissioner of The Garda Siochana and Others: ECJ 5 Apr 2022

Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of the communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Access to retained data – Subsequent court supervision – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental … Continue reading GD v Commissioner of The Garda Siochana and Others: ECJ 5 Apr 2022

Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018

Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with EU law to the extent that it permitted access to retained data, where the objective pursued by that access … Continue reading Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018

Tele2 (Netherlands) and Others v Autoriteit Consument en Markt: ECJ 15 Mar 2017

ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/22/EC – Article 25(2) – Directory enquiry services and directories – Directive 2002/58/EC – Article 12 – Directories of subscribers – Making available personal data concerning subscribers for the purposes of the provision of publicly available directory enquiry services and … Continue reading Tele2 (Netherlands) and Others v Autoriteit Consument en Markt: ECJ 15 Mar 2017

Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

The applicants said that section 1 of the 2014 Act was unlawful in that it went against decisions of the European Court. Held: Section 1 was indeed inconsistent with European Union Law. Section 1, of the Act should be disapplied: (1) insofar as access to and use of communications data retained pursuant to a retention … Continue reading Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM): ECJ 24 Nov 2011

ECJ Judgment – Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing which infringes copyright – No general obligation to monitor information transmitted K. Lenaerts, P [2011] EUECJ C-70/10, [2012] ECDR 4, ECLI:EU:C:2011:771 Bailii Directive 95/46/EC, … Continue reading Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM): ECJ 24 Nov 2011

Edmondson and Others v Regina: CACD 28 Jun 2013

Course of Transmission includes Voicemails The defendants appealed against convictions for conspiracy to intercept telephone voicemail messages whilst employed in various positions in newspapers. The issue boiled down to when the ‘course of transmission’ of a voicemail message ended, that is whether a voicemail message which was saved by the recipient on the voicemail facility … Continue reading Edmondson and Others v Regina: CACD 28 Jun 2013

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

Tele2 Sverige v Post-och telestyrelsen, and Secretary of State for the Home Department: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National … Continue reading Tele2 Sverige v Post-och telestyrelsen,
and Secretary of State for the Home Department: ECJ 21 Dec 2016

The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015

The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015

Scarlet Extended Sa v Societe Belge Des Auteurs Compositeurs Et Editeurs (SABAM): ECJ 14 Apr 2011

ECJ Opinion – Information Society – Intellectual property rights – Directive 2004/48/EC – Copyright and related rights – Directive 2001/29/EC – Illegal downloading on the Internet – Peer to peer through software . .