E-comm blog reports a new exciting Austrian referral (OGH decision) before CJEU, which deals with the question whether the Union law provides for website blocking injunctions against Access Providers. The case UPC Telekabel Wien C-314/12 is already listed on the Curia website and has a potential to solve a vast disagreement of EU courts on website blocking.
Although the case is based on copyright law, thus Art. 8(3) InfoSoc Directive, its conclusions will be definitely more far reaching as CJEU already confirmed that similar provision in Art. 11 of Enforcement Directive is to be read in the same way. CJEU will in particular have to answer whether or under which circumstances such website blocking injunction is in conformity with Charter of Fundamental Rights. CJEU also have to answer whether such injunctions are effective and proportionate, and whether they create barriers to legitimate trade (para 144, L'Oreal v. eBay).
UPC Telekabel Wien C-314/12 is liable to set important standards in field of Internet enforcement. How the CJEU follows his line of reasoning pronounced in L´Oréal v. eBay C-324/09, Frisdranken Industrie Winters C-119/10, Scarlet Extended C-70/10 and Sabam C-360/10 remains to be seen.
See referred questions on either E-comm blog or in the decision (number 4Ob6/12d) of Oberste Gerichtshof itself.