26
Furthermore, Article 18 of Directive 2000/31, which is part of Chapter III of that directive entitled
‘Implementation’, provides in paragraph 1 that Member States must ensure that court actions available
under national law concerning information society services’ activities allow for the rapid adoption of
measures, including interim measures, designed to terminate any alleged infringement and to prevent any
further impairment of the interests involved.
27
In the present case, as follows from paragraph 13 above and from the actual wording of the questions
raised, Facebook Ireland, first of all, did have knowledge of the illegal information at issue. Next, that
company did not act expeditiously to remove or to disable access to that information, as laid down in
Article 14(1) of Directive 2000/31. In the end, the applicant in the main proceedings brought an action
before a national court for an injunction like the one referred to in Article 18.
28
Recital 52 of that directive states that the specific character arising from the fact that the damage which
may arise in connection with information society services is characterised both by its rapidity and by its
geographical extent, and also by the need to ensure that national authorities do not endanger the mutual
confidence which they should have in one another, led the legislature of the European Union to request
Member States to ensure that appropriate court actions are available.
29
Thus, when implementing Article 18(1) of Directive 2000/31, Member States have a particularly broad
discretion in relation to the actions and procedures for taking the necessary measures.
30
Moreover, given that those measures, according to a number of linguistic versions of that provision,
including the English, Spanish and French-language versions, are expressly intended to terminate ‘any’
alleged infringement and to prevent ‘any’ further impairment of the interests involved, no limitation on
their scope can, in principle, be presumed for the purposes of their implementation. That interpretation is
not called into question by the fact that other linguistic versions of that provision, including the German
version, provide that those measures are intended to terminate ‘an alleged infringement’ and to prevent
‘further impairment of the interests involved’.
31
Article 15(1) of Directive 2000/31 states that Member States must not impose a general obligation on
providers, when providing the services covered by Articles 12, 13 and 14, to monitor the information
which they transmit or store, or a general obligation actively to seek facts or circumstances indicating
illegal activity.
32
It is by taking all of those provisions into consideration that the Court will reply to the questions raised by
the referring court.
33
In the first place, the referring court asks, in essence, whether Article 15(1) of Directive 2000/31
precludes a court of a Member State from ordering a host provider to remove or block access to
information which it stores, the content of which is identical to the content of information which was
previously declared to be illegal.
34
In that regard, although Article 15(1) prohibits Member States from imposing on host providers a general
obligation to monitor information which they transmit or store, or a general obligation actively to seek
facts or circumstances indicating illegal activity, as is clear from recital 47 of that directive, such a
prohibition does not concern the monitoring obligations ‘in a specific case’.
35
Such a specific case may, in particular, be found, as in the main proceedings, in a particular piece of
information stored by the host provider concerned at the request of a certain user of its social network, the
content of which was examined and assessed by a court having jurisdiction in the Member State, which,
following its assessment, declared it to be illegal.
36
Given that a social network facilitates the swift flow of information stored by the host provider between
its different users, there is a genuine risk that information which was held to be illegal is subsequently
reproduced and shared by another user of that network.