The court ruled that BREIN made a crucial mistake in collecting evidence against the individuals. BREIN hired US company Media Sentry, which monitors popular online forums and P2P services for copyright infringement and tracks unauthorised online distribution. Apparently the company only looked at shared folders of Kazaa, but these folders may also have contained files for personal use, the court argues. There is not enough proof that these particular files were uploaded.
And this on the heels of the Court rules for German ISPs in P2P identities case ruling in May in Germany.
At least prevails in some countries.