This implies that the complaints of NUV c. s. in the principal apple in so far as the beats that by its (alternative) advanced supply still in limited form will be assigned. The occasional complaints of Tom Cabinet shall take no purpose. The court sees in the outcome of the proceedings in so far as this is concerned, the case between NUV c. s.And Tom Cabinet response to the costs of the first instance and the principal apple to compensate so that each of the parties shall bear their own costs.Now the occasional apple of Tom Cabinet largely relates to defend the devolutieve operation of the apple in the principal appeal to the order will be a perhaps in occasional apple omitted.
NUV c. s. will be declared inadmissible in so far as set against the apple for TKH and TKU.The on the side of the parties incurred costs are estimated at nil.
4 Decision
The court:
4.1
declares NUV c. s. inadmissible in so far as it is in the appeal brought against TKH and TKU;
4.2
condemns NUV c. s. in the costs of the appeal in so far as on the side of TKH and TKU cases and costed this nil;
4.3
Annuls the judgment of which appeal to the extent that between NUV c. s. and Tom Cabinet pointed out and again in answer:
4.4
prohibits illegal Tom Cabinet to act against the NUV c. s. connected publishers and their authors by the provision of an online service which illegally downloaded e-books can be sold;
4.5
condemns Tom Cabinet for payment of a penalty of 1,000,- For each day or part of a day that Tom Cabinet after three days after notification of this judgment are elapsed in breach of the aforesaid prohibition (4.4), with a maximum of EUR 300,000, - ;
4.6
compensates for the costs of the proceedings in both bodies in such a way that each of the parties shall bear their own costs;
4.7
declares this judgment enforceable in stock;
4.8
Dismisses the NUV by c. s. respectively Tom Cabinet c. s. different or more advanced.
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