Case law

  • Case Details
    • National ID: ECLI:NL:PHR:2013:2625
    • Member State: Netherlands
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 17/12/2013
    • Court: Supreme Court
    • Subject:
    • Plaintiff: Public prosecutor
    • Defendant: Unknown
    • Keywords: injunction, intermediary
  • Directive Articles
    Injunctions Directive, link
  • Headnote
    An internet service provider cannot file a complaint on grounds of article 552 Code of Criminal Procedure against an order from the public prosecutor to take all necessary steps to make all their data inaccessible.
  • Facts
    Defendant is an internet service provider. The public prosecutor orders the defendant to take all necessary steps in order to make their data inaccessible. The defendant complies with the order, but enters a complaint. After which the court in first instance rules the defendant's complaint inadmissible. As does the supreme court.
  • Legal issue
    The court decides that the defendant has no case. According to the court art. 552a Code of Criminal Procedure does not constitute an open course of proceedings for internet service providers against an order given on the grounds of art. 54a Criminal Code.
    The latter article offers enough guarantees in any case, as long as there is no infringement of the consumer's interests within the meaning of Directive 98/27/EC (replaced by Directive 2009/22/EC).
    The court states that art. 54a Criminal Law does not provide for a particular course of proceedings and that the possible procedures as seen in the Code of Civil Procedure comply with art. 18 of Directive 2000/31/EC. According to which Member States have to implement enough recourse to a remedy in place to stop the infringement within the information society.
  • Decision

    Can an internet service provider enter a complaint on grounds of article 552 Code of Criminal Procedure against an order from the public prosecutor to take all necessary actions to make all data inaccessible?

    URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:PHR:2013:2625

    Full text: Full text

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  • Result
    The court rules that the defendant has no case and confirms judgment in first instance.