The inital Dutch Pirate Bay order was against two ISPs, that order was then subsequently reversed by the appeal court, and all of this occurred before the recent (April 2014) ruling from the ECJ about the Dutch piracy tax. In essence, the Dutch government now has no choice but to deem illegal any unauthorised downloads (and access made thereto) of copyrighted works - whether in practice the whole business model is wrong, or whether or not there is a workable solution to the problem, is irrelevant to the legality of the act under the current state of copyright law. At the French level, even the reinforced Hadopi 2 legislation was a half-baked attempt to bring a semblance of order to rampant illegal downloading, and of course, to please the major film/music industry lobbyists at the same time.
What the EC and the ECJ should really be looking at are the "almots-cartel-like" or segregated/tiered distribution agreements for film, music and tv broadcasting - surprisingly enough, the decisions coming out of the ECJ in that regard are far less critical of the majors attempts to divide up the market into their own juicy little segments. Don't want to rock the boat too much now, do we ?
To come back to Hadopi, there have actually been very few actual prosecutions, at least in the years 2010-2012 :
"Of 3 million IP addresses "identified" by Hadopi, 1.15 million were found to be pirating content and sent a warning letter (the first phase). Of those 1.15 million, 102,854 were given a second warning, and of those, 340 received a third strike. If the third strike is ignored, Hadopi can take legal action, and as of July 1, only 14 offenders have had a case filed with a French court as a result of Hadopi, and none have yet been to trial."
Source : http://arstechnica.com/tech-policy/2012/09/french-anti-piracy-agenc...
Since the beginning of 2014, Hadopi has ceased to function as a legally recognised body, because the law says it must have a body of 9 members in order to be legally constituted and three members did not have their tenures renewed towards the end of 2013, leaving only 6 to do the work. Apparently, budget constraints are cited as one of the reasons for the lack of replacement tenures. So there you, you can thank the austerity measures for the lack of any current noticeable action from Hadopi.
Having said all that, Hadopi have just made recommendations to the government to introduce a "DMCA-style take down and stay down for 6 months" - it remains to be seen as to what will actually become of that - given the government's more pressing concerns elsewhere amongst the electorate, it seems pretty unlikely that this will become an immediate stop-gap solution to be enacted into law in the near future, but one never knows with "Flanby".