Articles 14 to 17 of the Legislative Decree n. 70/2003 implement in Italy Articles 12 to 15 of Directive 2000/31/EC with some peculiarities, which considerably emphasize the favor for the “passive” provider. Italian Courts have taken largely diverging approaches in this matter. However, at least some decisions have adopted solutions that openly contradict these peculiarities.The complex Italian experience suggests that a new intervention of the European Union is needed to reach full harmonization. It is argued here that the best way to achieve this goal would be to replace Articles 12 to 15 of Directive 2000/31/EC with an European Regulation. This, however, is not the solution that seems to be supported within the European Institutions, where at the moment the prevailing view supports the sufficiency of setting-up a horizontal European framework for notice and actionprocedures.

Die zivilrechtliche Haftung von Internet-Providern in Italien: Umsetzung der E-Commerce-Richtlinie gegen Tendenzen der Rechtsprechung

TESCARO, Mauro
2014

Abstract

Articles 14 to 17 of the Legislative Decree n. 70/2003 implement in Italy Articles 12 to 15 of Directive 2000/31/EC with some peculiarities, which considerably emphasize the favor for the “passive” provider. Italian Courts have taken largely diverging approaches in this matter. However, at least some decisions have adopted solutions that openly contradict these peculiarities.The complex Italian experience suggests that a new intervention of the European Union is needed to reach full harmonization. It is argued here that the best way to achieve this goal would be to replace Articles 12 to 15 of Directive 2000/31/EC with an European Regulation. This, however, is not the solution that seems to be supported within the European Institutions, where at the moment the prevailing view supports the sufficiency of setting-up a horizontal European framework for notice and actionprocedures.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11562/803566
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