12/10/2019
CURIA - Documents
26
AF requested de-referencing of links leading to an article in the daily newspaper Libération of
9 September 2008, reproduced on the site of the Centre contre les manipulations mentales (Centre
against mental manipulation) (CCMM) (France), concerning the suicide of a member of the Church of
Scientology in December 2006. AF is mentioned in that article in his capacity as public relations officer
of the Church of Scientology, an occupation which he has since ceased to exercise. Furthermore, the
author of the article states that he contacted AF in order to obtain his version of the facts and describes
the comments received on that occasion.
27
BH requested the de-referencing of links leading to articles, mainly in the press, concerning the
judicial investigation opened in June 1995 into the funding of the Parti républicain (PR), in which he
was questioned with a number of businessmen and political personalities. The proceedings against him
were closed by an order discharging him on 26 February 2010. Most of the links are to articles
contemporaneous with the opening of the investigation and therefore do not mention the outcome of the
proceedings.
28
ED requested the de-referencing of links leading to two articles published in Nice Matin and Le Figaro
reporting the criminal hearing during which he was sentenced to 7 years’ imprisonment and an
additional penalty of 10 years’ social and judicial supervision for sexual assaults on children under the
age of 15. One of the accounts of the court proceedings also mentions several intimate details relating
to ED that were revealed at the hearing.
29
Following the rejections by Google of their requests for de-referencing, the applicants in the main
proceedings brought complaints before the CNIL, seeking for Google to be ordered to de-reference the
links in question. By letters dated 24 April 2015, 28 August 2015, 21 March 2016 and 9 May 2016
respectively, the president of the CNIL informed them that the procedures on their complaints had been
closed.
30
The applicants in the main proceedings thereupon made applications to the referring court, the Conseil
d’État (Council of State, France), against those refusals of the CNIL to serve formal notice on Google
to carry out the de-referencing requested. The applications were joined by the referring court.
31
Finding that the applications raised several serious difficulties of interpretation of Directive 95/46, the
Conseil d’État (Council of State) decided to stay the proceedings and to refer the following questions to
the Court of Justice for a preliminary ruling:
‘(1)
(2)
Having regard to the specific responsibilities, powers and capabilities of the operator of a search
engine, does the prohibition imposed on other controllers of processing data caught by
Article 8(1) and (5) of Directive 95/46, subject to the exceptions laid down there, also apply to
this operator as the controller of processing by means of that search engine?
If Question 1 should be answered in the affirmative:
[(a)]
Must Article 8(1) and (5) of Directive 95/46 be interpreted as meaning that the
prohibition so imposed on the operator of a search engine of processing data covered by
those provisions, subject to the exceptions laid down by that directive, would require the
operator to grant as a matter of course the requests for de-referencing in relation to links to
web pages concerning such data?
[(b)]
From that perspective, how must the exceptions laid down in Article 8(2)(a) and (e) of
Directive 95/46 be interpreted, when they apply to the operator of a search engine, in the
light of its specific responsibilities, powers and capabilities? In particular, may such an
operator refuse a request for de-referencing, if it establishes that the links at issue lead to
content which, although comprising data falling within the categories listed in Article 8(1),
is also covered by the exceptions laid down by Article 8(2) of the directive, in particular
points (a) and (e)?
[(c)]
Similarly, when the links subject to the request for de-referencing lead to processing of
personal data carried out solely for journalistic purposes or for those of artistic or literary
expression, on which basis, in accordance with Article 9 of Directive 95/46, data within the
curia.europa.eu/juris/document/document_print.jsf?docid=218106&text=&dir=&doclang=EN&part=1&occ=first&mode=DOC&pageIndex=0&cid=2571804
9/19
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