IP case law Court of Justice

Referral C-507/17 (Google, 21 Aug 2017)



1. Must the ‘right to de-referencing’, as established by the Court of Justice of the European Union in its judgment of 13 May 2014 1 on the basis of the provisions of Articles 12(b) and 14(a) of Directive [95/46/EC] of 24 October 1995, 2 be interpreted as meaning that a search engine operator is required, when granting a request for de-referencing, to deploy the de-referencing to all of the domain names used by its search engine so that the links at issue no longer appear, irrespective of the place from where the search initiated on the basis of the requester’s name is conducted, and even if it is conducted from a place outside the territorial scope of Directive [95/46/EC] of 24 October 1995?

2. In the event that Question 1 is answered in the negative, must the ‘right to de-referencing’, as established by the Court of Justice of the European Union in the judgment cited above, be interpreted as meaning that a search engine operator is required, when granting a request for de-referencing, only to remove the links at issue from the results displayed following a search conducted on the basis of the requester’s name on the domain name corresponding to the State in which the request is deemed to have been made or, more generally, on the domain names distinguished by the national extensions used by that search engine for all of the Member States of the European Union?

3. Moreover, in addition to the obligation mentioned in Question 2, must the ‘right to de-referencing’, as established by the Court of Justice of the European Union in its judgment cited above, be interpreted as meaning that a search engine operator is required, when granting a request for de-referencing, to remove the results at issue, by using the ‘geo-blocking’ technique, from searches conducted on the basis of the requester’s name from an IP address deemed to be located in the State of residence of the person benefiting from the ‘right to de-referencing’, or even, more generally, from an IP address deemed to be located in one of the Member States subject to Directive [95/46/EC] of 24 October 1995, regardless of the domain name used by the internet user conducting the search?





Case details on the CJEU website (external link)