Hosting provider responsibility

It should be noted that the Milan Court of Appeals has issued a verdict on hosting provider responsibility for user committed content. The verdict, published on 7 Jan 2015, has overruled the Tribunal of Milan verdict n. 10893/11- which followed the general case law adopted by Italian courts up to today – setting forth new important principles for the application of Directive 2000/31/CE.

The Court has recognized hosting provider’s responsibility for the violation of property rights via the internet as retrospective responsibility, envisaged only in the case in which the provider doesn’t fulfill a specific surveillance obligation activated by sending a formal letter of warning for the individual illicit actions.

A formal letter that the Court states must specifically identify the illicit content through links to it, or by providing the relative URL.

An important principle has also been asserted according to which the European Court of Justice is the only authority appointed to give a uniform interpretation of European law for application in the single member states, whist non compliant interpretations given by national courts should not be taken into consideration , as has been happening in Italy.


Lavinia Savini


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