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BREAKING: CJEU rules that EU law does NOT prevent punitive damages in IP cases

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Does the   Enforcement Directive  (Directive 2004/28)   prevent Member States from providing in their legislations the possibility to award punitive damages in IP cases?  This was - in a nutshell - the issue on which the Polish Supreme Court had sought guidance from the Court of Justice of the European Union (CJEU) in   OTK v SFP , C-367/15 . This morning, contrary to the earlier   Opinion   of Advocate General Sharpston, the CJEU   answered in the negative , holding that   [para 28]   " the fact that Directive 2004/48 does not entail an obligation on the Member States to provide for ‘punitive’ damages cannot be interpreted as a prohibition on introducing such a measure." More specifically, the Polish court had referred the following question: "Is Article 13 of [the Enforcement Directive] to be interpreted as meaning that the rightholder whose economic rights of copyright have been infringed may seek redress for the damage which it has incurred on the