Protodikeio Athinon [Athens Court of First Instance], Decision 13478/2014

Document type
Court Decision
Country
(1) This recent high-profile case was a joinder of multiple applications for injunctions by Greek collecting societies against Greek ISPs in order to block access to websites containing potentially infringing content and enabling downloading of illegal files via p2p services.
(2) The court decided it would not allow the injunctions, determining that the intermediary Greek ISPs could not be ordered to block access to the above-mentioned websites.
(3) The court also highlighted the need for safeguarding users’ rights of participating in the information society and confidentiality of communications (as outlined in the Greek Constitution articles 5A, 9A, and 19.) and deeming that such a measure was against the principles of proportionality and net neutrality, as the websites and services in question can also be used for legitimate purposes.
Country
Year
2014
Topic, claim, or defense
Copyright
Freedom of Expression
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
P2P
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity