Brussels Court of Appeal, Civil, Scarlet Extended SA/NV v. SABAM (“The Tiscali/Scarlet case”), R.G. 2007/AR/2424, January 1, 2010

The Court of Appeal of Brussels had to answer the question whether an internet service provider could be required to install a filtering system with a view to preventing the illegal downloading of files. The Court had to consider the extent to which Internet service providers should support the operational and financial burden of the fight against piracy. Given the complexity of the matter, the Brussels Court of Appeal decided to refer two questions to the ECJ before deciding: (1) Can ISPs be compelled to take preventive technical measures in order to prevent illegal downloading? (2) If yes, to what extent technical and financial burdens can be imposed on them? See also the ECJ's Scarlet Extended judgment.