Handelsgericht Wien [Commercial Court, Vienna], UPC Telekabel, May 13, 2011

Document type
Court Decision
(1) Having established that a website was offering, without their agreement, either a download or ‘streaming’ of some of the films which they had produced, Constantin Film and Wega, two film production companies, referred the matter to the court responsible for hearing applications for interim measures to obtain, on the basis of Article 81(1a) of the UrhG, an order enjoining UPC Telekabel, an internet service provider, to block the access of its customers to the website at issue, inasmuch as that site makes available to the public, without their consent, cinematographic works over which they hold a right related to copyright.
(2) The Court prohibited UPC Telekabel from providing its customers with access to the website at issue; that prohibition was to be carried out in particular by blocking that site’s domain name and current IP (‘Internet Protocol’) address and any other IP address of that site of which UPC Telekabel might be aware. 
(3) In June 2011, the website at issue ceased its activity following an action of the German police forces against its operators.
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Weakens Immunity