## Facts

- A German film distributor held German exploitation rights to two films that were uploaded in full length to an online video-sharing platform without authorization.
- The distributor sought an order compelling the platform operator and its parent company to disclose identifying data for the uploaders, including email addresses, telephone numbers, and IP addresses (used for uploading and last account access).
- A trial court denied the request in full.
- An appellate court ordered disclosure of email addresses only and rejected disclosure of telephone numbers and IP addresses.
- On further appeal and cross-appeal, the German federal court referred questions to the Court of Justice of the European Union (CJEU) on the meaning of “addresses” in the “right of information” provision of the EU IP Enforcement Directive.

## Issues

1. Whether “addresses” in Article 8(2)(a) of Directive 2004/48/EC includes users’ email addresses.
2. Whether “addresses” includes users’ telephone numbers.
3. Whether “addresses” includes the IP address used to upload infringing files.
4. Whether “addresses” includes the IP address last used to access the user’s account.

## Decision

- The CJEU held that “addresses” in Article 8(2)(a) refers only to postal addresses (place of permanent address or habitual residence).
- The term does not include email addresses, telephone numbers, the IP address used to upload, or the IP address used at last account access.
- The CJEU emphasized that Member States may provide broader disclosure rights under national law, subject to compliance with EU law, including fundamental rights and data protection.
- The matter was returned to the referring court to resolve the dispute consistent with the CJEU’s interpretation.

## Legal Principles

- Terms in EU directives that do not refer to national law for their meaning are autonomous concepts of EU law requiring uniform interpretation.
- “Addresses” in the EU IP Enforcement Directive’s right-of-information provision is limited to postal addresses and does not, by itself, mandate disclosure of digital identifiers or contact data such as email, telephone, or IP addresses.
- The Enforcement Directive reflects a balance between effective IP enforcement and protection of personal data and other fundamental rights.
- EU law sets a minimum scope for the right of information under Article 8(2)(a); Member States may expand disclosure obligations through national measures consistent with EU fundamental rights, proportionality, and data-protection requirements.

## Conclusion

The CJEU interpreted “addresses” in the Enforcement Directive’s right-of-information provision narrowly to cover only postal addresses, rejecting a mandatory EU-law duty to disclose uploaders’ email, telephone, or IP address data, while leaving Member States free to legislate broader disclosure regimes within EU legal constraints.


Constantin Film Verleih GmbH v. YouTube LLC, Case C-264/19 (C.J.E.U. 2020)