The Netherlands

On behalf of the team

In October 2020, on behalf of affiliated IP rightsholders, the BREIN foundation instituted an injunction action against ExpatsIPTV, claiming that its streaming services infringe IP rights. In that respect, BREIN asserted that it did not have to comply with the locus standi requirements from Article 3:305a (2) and (5) of the Dutch Civil Code because it was pursuing an objective of principle and was not seeking damages. ExpatsIPTV had taken its website offline following previously granted preliminary relief. According to BREIN, this class action in the form of proceedings on the merits was necessary because ExpatsIPTV had not provided a sufficient undertaking to the effect that it would cease the services. BREIN is also seeking a great deal of information and substantiation regarding the alleged infringements, the parties involved and the proceeds of the infringements. Such proceeds could prompt subsequent actions for damages. [1]Summons against ExpatsIPTV (in Dutch)