L'Oréal v. eBay : the Court of Justice clarifies the position of online auction providers
Faculty of Law
Computer law review international / Cri / Computer und Recht international / CRi
, p. 129-136
University of Antwerp
On 12 July 2011, the Court of Justice for the European Union (CJEU) rendered a decision in the L'Oréal v. eBay case (C-324/09), partially following the December 2010 opinion of Advocate General Niilo Jääskinen (discussed in-depth by Van Eecke/Truyens, CRi 2011, pp. 1-9). In its decision, the CJEU clarified the position of online intermediaries under EU trade mark legislation, the eCommerce Directive and the Enforcement Directive. As the CJE U also touches upon relating issues in the field of international private law and the transparency obligations of internet service providers (ISPs), the importance of this decision cannot be underestimated. After briefly revisiting the factual background (I.), this article addresses first the key questions of trademark law (II.) before analysing the balance of rights between the right owners and the ISPs (III.).