Constantin Film Verleih GmbH v YouTube LLC and Google Inc.
Date: 2020-07-09
28


As to whether the term ‘addresses’ within the meaning of Article 8(2)(a) of Directive 2004/48 also includes the email addresses, telephone numbers and IP addresses of those persons, it should be noted that, as that provision makes no express reference to the law of the Member States for the purpose of determining its meaning and scope, the term ‘addresses’ constitutes a concept of EU law, which must normally be given an independent and uniform interpretation throughout the European Union (see, by analogy, judgment of 29 July 2019, Spiegel Online, C‑516/17, EU:C:2019:625, paragraph 62 and the case-law cited).
29


Moreover, since Directive 2004/48 does not define that term, the meaning and scope of that term must be determined in accordance with its usual meaning in everyday language, while also taking into account the context in which it occurs and the purposes of the rules of which it is part and, where appropriate, its origins (see, to that effect, judgments of 29 July 2019, Spiegel Online, C‑516/17, EU:C:2019:625, paragraph 65, and of 19 December 2019, Nederlands Uitgeversverbond and Groep Algemene Uitgevers, C‑263/18, EU:C:2019:1111, paragraph 38 and the case-law cited).
35


In that regard, it is true that the right to information, provided for in Article 8, seeks to apply and implement the fundamental right to an effective remedy guaranteed in Article 47 of the Charter of Fundamental Rights, and thereby to ensure the effective exercise of the fundamental right to property, which includes the intellectual property right protected in Article 17(2) of the Charter (judgment of 16 July 2015, Coty Germany, C‑580/13, EU:C:2015:485, paragraph 29), by enabling the holder of an intellectual property right to identify the person who is infringing that right and take the necessary steps in order to protect it (see, to that effect, judgment of 18 January 2017, NEW WAVE CZ, C‑427/15, EU:C:2017:18, paragraph 25).
36


However, when adopting Directive 2004/48, the EU legislature chose to provide for minimum harmonisation concerning the enforcement of intellectual property rights in general (see, to that effect, judgment of 9 June 2016, Hansson, C‑481/14, EU:C:2016:419, paragraph 36). Thus, that harmonisation is limited, in Article 8(2) of that directive, to narrowly defined information.
37


Additionally, it should be noted that Directive 2004/48 is intended to establish a fair balance between, on the one hand, the interest of the holders of copyright in the protection of their intellectual property rights enshrined in Article 17(2) of the Charter of Fundamental Rights and, on the other hand, the protection of the interests and fundamental rights of users of protected subject matter, as well as of the public interest (see, by analogy, judgments of 29 July 2019, Funke Medien NRW, C‑469/17, EU:C:2019:623, paragraph 57; of 29 July 2019, Pelham and Others, C‑476/17, EU:C:2019:624, paragraph 32; and of 29 July 2019, Spiegel Online, C‑516/17, EU:C:2019:625, paragraph 42).
38


More specifically, as regards Article 8 of Directive 2004/48, the Court has previously had occasion to hold that the aim of that provision is to reconcile compliance with various rights, inter alia the right of holders to information and the right of users to protection of personal data (see, to that effect, judgment of 16 July 2015, Coty Germany, C‑580/13, EU:C:2015:485, paragraph 28).
39


Lastly, it should be noted that, although it follows from the foregoing considerations that the Member States are not obliged, under Article 8(2)(a) of Directive 2004/48, to provide for the possibility for the competent judicial authorities to order disclosure of the email address, telephone number or IP address of the persons referred to in that provision in proceedings concerning an infringement of an intellectual property right, the fact remains that the Member States have such an option. As is clear from the wording of Article 8(3)(a) of that directive, the EU legislature expressly provided for the possibility for the Member States to grant holders of intellectual property rights the right to receive fuller information, provided, however, that a fair balance is struck between the various fundamental rights involved and compliance with the other general principles of EU law, such as the principle of proportionality (see, to that effect, order of 19 February 2009, LSG-Gesellschaft zur Wahrnehmung von Leistungsschutzrechten, C‑557/07, EU:C:2009:107, paragraph 29, and judgment of 19 April 2012, Bonnier Audio and Others, C‑461/10, EU:C:2012:219, paragraph 55).