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Part 3 · Infringements of Rights by Users › Section 8

Claim to blocking in the event of an infringement of rights

(1) Where a digital service consisting of the transmission, in a communications network, of information provided by a user, or the provision of access to a communications network, has been used by a user to infringe another person's intellectual property right, and no other means is available to the rightholder to remedy the infringement of that right, the rightholder may demand from the service provider concerned that the use of the information be blocked, in order to prevent repetition of the infringement.
(2) The blocking must be reasonable and proportionate.
(3) A claim against the service provider for reimbursement of the pre-litigation and out-of-court costs of asserting and enforcing the claim under paragraph 1 does not exist, unless the service provider deliberately collaborates with a user of its service to infringe another person's intellectual property.
(4) Paragraphs 1 to 3 also apply where the service is provided free of charge or by public bodies. Obligations to remove information, or to block the use of information, under the general statutes, arising from judicial or administrative orders, remain unaffected even in the case of a service provider's limited liability under Articles 4 to 6 of Regulation (EU) 2022/2065 and section 7.

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