- Article 8(3) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted to the effect that a person who makes protected subject‑matter available on the Internet without the consent of the rightholder and thus infringes rights under Article 3(2) of Directive 2001/29 uses the services of the ISPs of those persons who access that protected subject‑matter.
- It is not compatible with the weighing of the fundamental rights of the parties that is necessary under Article 8(3) of Directive 2001/29 to prohibit an ISP, in quite general terms and without ordering specific measures, from allowing its customers access to a particular copyright‑infringing website. This applies even if the ISP can avoid incurring coercive penalties for breach of that prohibition by showing that it has taken all reasonable steps to comply with the prohibition.
- A specific blocking measure relating to a specific website, which is imposed on an ISP pursuant to Article 8(3) of Directive 2001/29, is not, in principle, disproportionate solely because it entails not inconsiderable costs but can easily be circumvented without any special technical knowledge. It is for the national courts, in a specific case, taking into account all relevant circumstances, to weigh the fundamental rights of the parties against each other and thus strike a fair balance between those fundamental rights.