UE - ECJ rules in L'Oreal vs eBay case

In a long-awaited ruling, the Court of Justice of the European Union clarified that an online market operator has played an active role by optimising or promotion infringing items for sale, it cannot rely on the exemption from liability which the E-Commerce Directive provides. The ECJ added, among other things, that EU Member States were obliged under the IP Enforcement Directive to ensure that their courts take measures that help to end trade mark infringements by users of online marketplaces, as well as preventing further infringements. Injunctive relief must be effective, proportionate, and dissuasive and must not create barriers to legitimate trade