French Field Ordered To Pay €26,100 To Bouygues Telecom
In a recent determination (4 Dec 2017), the French Conseil d'Etat (the Supreme Court inwards honor of administrative in addition to world police pull cases) ordered the State to pay French Internet Access Provider Bouygues Telecom the kernel of €26,100.
The context is that of the so-called graduated answer organisation overseen past times HADOPI. It volition live on recalled that an Act of 2009 implemented the organisation nether which a serial of warnings are issued past times HADOPI (an administrative body) to infringers using peer-to-peer networks to unlawfully portion protected content. Upon the "third strike", sanctions may live on taken.
In lodge for the organisation to operate properly, the police pull mandated that the IAPs collect surely identifying information on their subscribers in addition to orbit same to earth authorisation (which in addition to then issued the warnings). The Act farther provided for the adoption of a decree setting out the regulatory framework nether which the IAPs could in addition to then assay reimbursement for the specific costs incurred inwards carrying out such tasks.
In the absence of the adoption of such a decree, Bouygues Telecom brought proceedings against the State which culminated inwards a ruling inwards Dec 2015 whereby the courtroom ordered the Prime Minister to induce got the necessary reulatory measures inside vi months. The ruling went on to soil that the lodge was discipline to an "astreinte" (civil penalty) of 100 euros per twenty-four hr menses subsequently the deadline. The relevant decree was signed on ix March 2017, i.e., 261 days subsequently the boot the bucket of the court-imposed deadline. Accordingly, Bouygues Telecom sought - in addition to obtained - liquidation of the "astreinte" for this fourth dimension menses inwards the total of €26,100 (261 x €100).
Link to ruling here
The context is that of the so-called graduated answer organisation overseen past times HADOPI. It volition live on recalled that an Act of 2009 implemented the organisation nether which a serial of warnings are issued past times HADOPI (an administrative body) to infringers using peer-to-peer networks to unlawfully portion protected content. Upon the "third strike", sanctions may live on taken.
In lodge for the organisation to operate properly, the police pull mandated that the IAPs collect surely identifying information on their subscribers in addition to orbit same to earth authorisation (which in addition to then issued the warnings). The Act farther provided for the adoption of a decree setting out the regulatory framework nether which the IAPs could in addition to then assay reimbursement for the specific costs incurred inwards carrying out such tasks.
In the absence of the adoption of such a decree, Bouygues Telecom brought proceedings against the State which culminated inwards a ruling inwards Dec 2015 whereby the courtroom ordered the Prime Minister to induce got the necessary reulatory measures inside vi months. The ruling went on to soil that the lodge was discipline to an "astreinte" (civil penalty) of 100 euros per twenty-four hr menses subsequently the deadline. The relevant decree was signed on ix March 2017, i.e., 261 days subsequently the boot the bucket of the court-imposed deadline. Accordingly, Bouygues Telecom sought - in addition to obtained - liquidation of the "astreinte" for this fourth dimension menses inwards the total of €26,100 (261 x €100).
Link to ruling here
French Field Ordered To Pay €26,100 To Bouygues Telecom
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Reviewed by Dul
on
May 19, 2018
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