Judicial Branch of the Nation
FEDERAL CRIMINAL AND CORRECTIONAL CHAMBER - ROOM 1
CFP 8553/2015/4 / CA3
CCCF - Room I
CPF 8553/2015/4 / CA3
“C., E. s / precautionary measure” Court n
° 1 - Secretariat n ° 1
///////////// nos Aires, June 16, 2020.
AND SEEN AND CONSIDERING:
I. These proceedings reach this Court
By virtue of the appeal filed by Dr. Arnaldo Cisilino - Google LCC attorney -,
together with Drs. Carlos Caride Fitte and Mariano Grondona - sponsoring
lawyers -, against the decision through which the magistrate did not accept the
request of the party, aimed at annulling the extension of the precautionary
measure provided to the detriment of her client.
The appellant considered the resolution inappropriate
referred to then, as stated, it should have been directed to the news portals
responsible for the publication whose falsehood it alleges. He emphasized that only in
this way could the propagation of similar content on other URLs be prevented.
It also stated that the controversial measure
intends to extend its scope with respect to domains outside the jurisdiction of the
Argentine courts ( www.google.com ;
www.google.com.es Y www.google.mx ). That extreme, he affirmed, is
inadmissible because the blocking or elimination of the pages of those countries
can only be carried out in accordance with the corresponding local laws.
On that same path, through the evocation of
general principles of state sovereignty, international courtesy and resolutions issued
at the international level, expressed the impossibility of intervention of a State in the
territory of another State, without its consent. He added that if Google executed the
questioned decision, it would affect the domain or services subject to foreign law, in
addition to breaching the legal framework in force in the countries
Signed date: 06/16/2020
Signed by: LEOPOLDO OSCAR BRUGLIA, CHAMBER JUDGE Signed by:
MARIANO LLORENS, CHAMBER JUDGE Signed by: PABLO DANIEL
BERTUZZI, CHAMBER JUDGE
Signed by: MARIA VICTORIA TALARICO, SECRETARY OF THE CHAMBER
# 34649449 # 260473037 # 20200616120654200