Judgment_paragraph 7 · Criminal proceedings against G. ST. T (C-655/21)

7Article 2 of that directive, entitled ‘Scope’, provides:1. Without prejudice to the means which are or may be provided for in Community or national legislation, in so far as those means may be more favourable for rightholders, the measures, procedures and remedies provided for by this Directive shall apply, in accordance with Article 3, to any infringement of intellectual property rights as provided for by Community law and/or by the national law of the Member State concerned.2. This Directive shall be without prejudice to the specific provisions on the enforcement of rights and on exceptions contained in Community legislation concerning copyright and rights related to copyright, notably those found in [Council] Directive 91/250/EEC [of 14 May 1991 on the legal protection of computer programs (OJ 1991 L 122, p. 42)] and, in particular, Article 7 thereof or in Directive 2001/29/EC [of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10)] and, in particular, Articles 2 to 6 and Article 8 thereof.3.This Directive shall not affect:…(b) Member States’ international obligations and notably the TRIPS Agreement, including those relating to criminal procedures and penalties;(c) any national provisions in Member States relating to criminal procedures or penalties in respect of infringement of intellectual property rights.’