Archive | Source: Court of Justice of the EU

Press Release: EU law does not preclude a host provider such as Facebook from being ordered to remove identical and, in certain circumstances, equivalent comments previously declared to be illegal

In addition EU law does not preclude such an injunction from producing effects worldwide, within the framework of the relevant international law which it is for Member States to take into account

Judgment in Case C-18/18 Eva Glawischnig-Piesczek v Facebook Ireland Limited

Press Release: There are no grounds to question the validity of the regulation on the placing of plant protection products on the market

A number of environmental activists, members of the group ‘Voluntary Reapers of GMOs, Ariège’, have been prosecuted for damaging cans of weed-killer containing glyphosate (and more specifically ‘Roundup’) in shops in the towns of Pamiers, Saint-Jean du Falga and Foix (France). The activists have been accused of defacing and damaging the property of another.

Press Release: The prohibition on processing certain categories of sensitive personal data applies also to operators of search engines

In the context of a request for de-referencing, a balance must be struck between the fundamental rights of the person requesting the de-referencing and those of internet users potentially interested in that information.

Judgment in Case C-136/17 GC and Others v Commission nationale de l’informatique et des libertés (CNIL)

Press Release: The operator of a search engine is not required to carry out a de-referencing on all versions of its search engine

It is, however, required to carry out that de-referencing on the versions corresponding to all the Member States and to put in place measures discouraging internet users from gaining access, from one of the Member States, to the links in question which appear on versions of that search engine outside the EU.

Judgment in Case C-507/17 Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique et des libertés (CNIL).

Press Release: A German provision prohibiting internet search engines from using newspaper or magazine snippets without the publisher’s authorisation must be disregarded in the absence of its prior notification to the Commission

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Press Release: The General Court annuls the Commission decision approving the modification of the exemption regime for the operation of the OPAL gas pipeline

The General Court finds that the principle of solidarity is not referred to in the 2016 decision and that it does not appear that the Commission, as a matter of fact, conducted an examination of that principle.

Press Release: The option to pay by SEPA direct debit cannot be subject to a condition of residence in the national territory

The Verein für Konsumenteninformation, the Austrian Consumer Information Association, challenges before the Austrian courts a clause included in the general conditions of carriage of the German rail transport company Deutsche Bahn, according to which tickets booked onDeutsche Bahn’s website may be paid for by means of the SEPA direct debit scheme 1 only if the payer is resident in Germany.

Press Release: Telecommunications undertakings must transmit, free of charge, to the authority handling emergency calls made to ‘112’ information enabling the caller to be located

Member States must ensure that that requirement is applied even if the mobile telephone is not fitted with a SIM card.

Judgment in Case C-417/18 AW and Others v Lietuvos valstybė, represented by the Lietuvos Respublikos ryšių reguliavimo tarnyba, the Bendrasis pagalbos centras and the Lietuvos Respublikos vidaus reikalų ministerija

Press Release: The operator of a website that features a Facebook ‘Like’ button can be a controller jointly with Facebook in respect of the collection and transmission to Facebook of the personal data of visitors to its website

By contrast, that operator is not, in principle, a controller in respect of the subsequent processing of those data carried out by Facebook alone.

Judgment of the Court of Justice in Case C-40/17 Fashion ID

Press release: Freedom of information and the freedom of the press cannot justify a derogation from the rights of copyright holders beyond the exceptions and limitations set out in the Copyright Directive

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Press Release: The use of a protected work for the purposes of reporting current events does not, in principle, require a prior request for authorisation

Furthermore, a work may be quoted by means of a hyperlink, provided that that quoted work, in its specific form, was previously made available to the public with the copyright holder’s authorisation or in accordance with a non-contractual licence or statutory authorisation.

Judgment in Case C-516/17 Spiegel Online v Volker Beck

Press Release: The General Court upholds the Commission’s Decision finding that there was a cartel on the optical disk drives market

The fines imposed on the companies concerned therefore remain unchanged.

Judgments of the General Court in Cases T-762/15,T-763/15,T-772/15,T-1/16,T-8/16 Sony and Sony Electronics v Commission

Press Release: Connecting flights that are the subject of a single reservation departing from a Member State to a non-Member State via another non-Member State

Full title:Connecting flights that are the subject of a single reservation departing from a Member State to a non-Member State via another non-Member State: the air carrier that performed the first flight is obliged to pay compensation to passengers who suffered a long delay in the arrival of the second flight performed by a non-Community air carrier

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