Traducción de «Archivo judicial » (Español → Inglés) :

As regards that possibility, the Court has already held that EU law precludes the imposition of an injunction by a national court which requires an internet service provider to install a filtering system with a view to preventing the illegal downloading of files which applies indiscriminately to all its customers, as a preventive measure, exclusively at its expense, and for an unlimited period (see Case C‑70/10 Scarlett Extended, and Press Release No 126/11).

the right to an effective judicial remedy should be upheld at all times in respect of the European Public Prosecutor’s activity throughout the Union; therefore, decisions taken by the European Public Prosecutor should be subject to judicial review before the competent court; in this regard, decisions taken by the European Public Prosecutor before or independently from the trial, such as those described in Articles 27, 28 and 29 concerning competence, dismissal of cases or transactions, should be subject to the remedies available before the Union Courts.

Anyone who turns the constitutional right of an accused person to access their files into the exact opposite, in other words, into a compulsion to access the files, and anyone who does this, as in the case of Mr Lutsenko, by means of imprisonment and, in the case of Mrs Tymoshenko, by a total of 44 summonses so far, clearly demonstrates what sort of person he is and the fact that he is abusing the judicial system in the old-fashioned way for the purposes of political disputes.

Consequently, the Advocate General proposes that the Court of Justice should declare that EU law precludes a national court from making an order, on the basis of the Belgian statutory provision, requiring an internet service provider to install, in respect of all its customers, in abstracto and as a preventive measure, entirely at the expense of the internet service provider and for an unlimited period, a system for filtering all electronic communications passing via its services (in particular, those involving the use of peer-to-peer software) in order to identify on its network the sharing of electronic files containing a musical, cinematographic or ...[+++] audio-visual work in respect of which a third party claims rights, and subsequently to block the transfer of such files, either at the point at which they are requested or at the point at which they are sent.

After a report had been obtained from a technical expert, Scarlet was ordered, by another judgment, delivered on 29 June 2007, to bring those copyright infringements to an end by making it impossible for its customers to send or to receive in any way, by means of peer-to-peer software in particular, files containing a musical work in Sabam’s repertoire, and to do so within a period of six months , on pain of a penalty payment of €2 500 per day should Scarlet fail to comply with the judgment.

Eurojust will be assisted in carrying out its virtuous remit by four different databases containing sensitive personal data: the criminal records kept by each Member State on their citizens, the Schengen Information System, the European judicial network and Europol's files.