On July 9, 2026, the Court of Justice of the European Union (“CJEU”) issued a landmark ruling in Case C-788/24, Anne Frank Fonds, concerning the online publication of works that have entered the public domain in one Member State but remain protected by copyright in another.
The case concerns a dispute between the Anne Frank Fonds, which holds the copyrights to Anne Frank’s famous diary (protected in the Netherlands until 2037), and the Anne Frank Stichting. In 2021, the foundation published a scholarly edition of the manuscripts for free online in Belgium, where copyright has expired. To restrict access from countries with active copyright protection, the website uses a geoblocking system for the territories of countries in which the works are still protected. Fonds Anne Frank filed a lawsuit, since the blocking can be circumvented by Dutch users through the use of a VPN.
The ECJ ruled that a work that has entered the public domain in certain Member States may be published free of charge on the internet, even if its protection in other countries is still in effect. To prevent unlawful public communication, the website operator is required to implement an effective technological measure for geoblocking.
The court explicitly states that modern geoblocking is considered effective and sufficient under Directive 2001/29/EC, even though it can technically be circumvented by end users through the use of a VPN. Furthermore, if the blocking measure proves ineffective and results in a copyright infringement, liability lies with the person who published the work online, not with the VPN service providers. You can find more information about the CJEU’s ruling here.
If you need assistance or consultation on intellectual property matters, please contact our experts Severina Lyubenova and Nedko Radev.
