Preliminary questions about obligation of host-service to prevent further violations after violating personality rights

Print this page 23-02-2018

Case C-18/18. Request for a preliminary ruling. Oberster Gerichtshof (Austria).


PrivacyUnofficial translation: "Preliminary questions:

1. Does Article 15 (1) of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market ("Directive on electronic commerce") generally preclude one of the obligations of a host service provider mentioned below which has not acted promptly to remove the illegal information, which obligation is not only to provide that illegal information within the meaning of Article 14 (1) (a) of the Directive, but also other verbatimally identical information: a.a. worldwide, a.b. in the Member State concerned, a.c. of the relevant user worldwide, or a.d. of the relevant user in the Member State concerned?

2. Insofar as question 1 is answered in the negative: does this always also apply to identical information?

3. Does this also apply to identical information as soon as the operator has become aware of this circumstance?"