Intellectual Property

C-275/06

Productores de Musica de Espana (Promusicae) v Telefonica de Espana

The ECJ has been asked for a preliminary ruling on the following subject:

  • Articles 15(2) and 18 of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the Internal Market; Articles 8(1) and (2) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society; Article 8 of Directive 2004/48/EC on the enforcement of intellectual property rights and; Articles 17(2) and 47 of the Charter of Fundamental Rights and whether;
  • The above provisions permit Member States to limit the duty of operators and providers of services in the telecommunications and electronic communications sectors to retain and make available connection and traffic information solely to where it is required in connection with a criminal investigation or the need to protect public safety and defence, therefore excluding civil proceedings?