Single Judge First Instance Court of Athens

Decision n° 13478/2014 on the case:

Greek Collective Management Organisations vs. Greek Internet Service Providers

The measure taken by Internet Service Providers consisting in the blocking the access of subscribers/users to websites, in order to repress illegal exploitation of copyrighted works, is not compatible with the constitutional principle of proportionality and with the constitutional right of participation in the information society, since it does not fulfill the specific criteria of necessity and adequacy for accomplishing even partially the said objective.

Key words: Illegal exploitation of protected works online- Responsibility of intermediaries- filtering- peer to peer network- right of participation in the information society- blocking of websites.

Law provisions: Presidential Decree n° 131/2003, art. 13, 14; Copyright Act (Law n° 2121/1993), art. 64 A; Constitution of Greece, art. 5a par. 2

See further:

Decision No 4658/2012 of the Single Judge First Instance Court of Athens (IIC, June 2013 Volume 44, Issue 4, pp. 468-471)

Decision No 10452/2015 of the Single Judge First Instance Court of Athens