Legal Alert - ECJ Decision in Promusicae v Telefónica 

On 29 January 2008, the European Court of Justice handed down its decision in the case of Promusicae v Telefónica (C-275/06).

The Court looked at the various European Directives currently in force on the question of copyright, the enforcement of IP rights, E-commerce, and privacy. The Court confirmed that whilst Community law does not require Member States to implement in their national laws an obligation to disclose personal data in the context of civil proceedings in order to ensure the effective protection of copyright, it does not preclude it either.

The Court also underlined how important it was that the authorities and courts of the Member States should not only interpret their national law in a manner consistent with the Directives, but also make sure that they do not rely on an interpretation of them which would be in conflict with fundamental rights or other general principles of Community law, such as the principle of proportionality.

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