Internet-Angebotssperren durch Zugangsprovider für strukturell urheberrechtsverletzende Websites - Potentieller Konflikt mit der Netzneutralität?

Access blocking orders in relation to structurally copyright infringing internet websites are generally permissible under European law based on Article 8(3) InfoSoc Directive. Both, the CJEU and Member States' courts have further specified the respective conditions under copyright law. From a regulatory perspective, blocking orders also have to comply with the requirements of the European Net Neutrality Regulation. On 7 August 2023 (R29/22), the Austrian Telecom Control Commission (TKK) has decided to bar IP-blocking measures of an access provider as a means to restrict access to structurally copyright-infringing websites, while the TKK upheld its practice to accept DNS-blocking. With regard to the complex interplay of copyright blocking obligations and the provisions of the European Net Neutrality Regulation the decision's approach seems disputable. In the article, the legal possibilities (and necessities) for combined DNS and IP blocking measures shall be discussed comprehensively taking into account EU constitutional and secondary law, the relevant case law of the CJEU, as well as the relevant case law by Member States' courts.