Single Judge First Instance Court of Athens (Security Measures) No. 10452/2015
on the case
AEPI* & GRAMMO** vs. Greek Internet Service Providers (ISP’s)
First Publication of summary: IPrights.gr
- The applications for security measures against ISP’s on the ground of article 64 A Law No 2121/1993 [Implementing Art. 8, Sec. 3 of Directive 2001/29/EC] are dismissed as unacceptable given the existence of temporary res judicata deriving from the previous decision No. 13478/2014 of the same Court, issued between the same parties, for the same object and on the same factual and legal ground.
- The object of the trial is not differentiated by the fact that the present petition refers to partially different websites than those mentioned in the previous decision. In fact, the object of the litigation is the recognition of the formative right of the plaintiffs for the provision of temporary judiciary protection and not the websites per se.
- In case that two or more contradictory decisions are issued for the same legal relationship between the same parties [in this case: dec. no 4658/2012 and 13478/2014 of the Single Judge First Instance Court of Athens], the res judicata that derives from the newest decision is valid.
*AEPI is a Greek Collective Management Organization of copyright on musical works.
** GRAMMO is the Greek Collective Management Organization of music producer’s related rights.
Key-words: Intellectual Property in Greece; Greek Copyright Law; Copyright law in Greece; music copyright; phonograms; musical works; provisional measures; security measures; article 64 A Law 2121/1993; music piracy; Internet Service Providers; website blocking; IP blocking; domain name blocking; AEPI; GRAMMO; temporary res judicata; decision No 4658/2012 of the Single Judge First Instance Court of Athens; decision No 13478/2014 of the Single Judge First Instance Court of Athens, refusal of applications as unacceptable.
Legal provisions: art. 64 A Law No 2121/1993 [Implementing Art. 8, Sec. 3 of Directive 2001/29/EC], art. 321, 322, 324, 331, 332, 682 ff. and 544 Greek Civil Procedure Code
See further:
Decision No 13478/2014 of the Single Judge First Instance Court of Athens