The CJEU issued, on 27 March 2014, its decision on copyright site blocking injunctions in UPC Telekabel v Constantin Film (Case C-314/12), a reference from the Austrian Supreme Court.
The CJEU held, in essence, that website blocking by the end user Internet Service Provider (ISP) is possible; a contractual relationship to the infringing website is not required. In addition, the CJEU decided that a generic blocking order is compatible with EU law – the fundamental rights concerned do not preclude such an injunction, on two conditions: (i) that the measures taken by the ISP do not unnecessarily deprive users of the possibility of lawfully accessing the information available and (ii) that those measures have the effect of preventing unauthorised access to the protected subject-matter or, at least, of making it difficult to achieve and of seriously discouraging users from accessing the subject-matter that has been made available to them in breach of the intellectual property right.
The complete CJEU decision is available here. We reported about the Advocate General’s Opinion here.