La Quadrature du Net – CJEU Judgment (France, 2024)

In order to protect works covered by copyright against their communication on the Internet without the authorization of the holder of the rights, France adopted Decree n. 2010-236, which introduced in particular, [https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000020740267/2009-11-01/ Article L. 331-21 in the French Intellectual Property Code] (‘CPI’). This Article establishes that the High Authority for the dissemination of works and the protection of rights on the Internet (‘Hadopi’) may request the identity, postal address, email address and telephone number of a person who made protected works available to download on the Internet, from internet service providers. The purpose of this access is to enable Hadopi to initiate a procedure against the identified person, combining educational and punitive measures. In particular, the sending of a first and second recommendation and then a letter notifying them that that activity is liable to constitute gross negligence. The matter may be referred to the public prosecution service in the most serious cases. Four associations, including La Quadrature du Net, sought the annulment of this Decree, claiming that [https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000020740267/2009-11-01/ Article L. 331-21 CPI] was contrary to EU law, in particular [https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02002L0058-20091219 Article 15 ePrivacy Directive] and [https://fra.europa.eu/sq/eu-charter/article/7-respect-private-and-family-life Articles 7], [https://fra.europa.eu/en/eu-charter/article/8-protection-personal-data 8] and [https://fra.europa.eu/en/eu-charter/article/11-freedom-expression-and-information 11] of the Charter. Regarding the alleged infringement of EU law, La Quadrature du Net submitted that this Article permits access to any connection data in a disproportionate manner for non-serious copyright offences committed on the Internet, without any prior review by a judge or an authority. In par