HURBAIN v. BELGIUM JUDGMENT of results; this was in fact the only article on the website lesoir.be which mentioned G. He added that when a Google search was performed based on his first name and surname, the first result on the list was the article on www.lesoir.be. 18. On 18 April 2012 the CDJ declared the request inadmissible on the grounds that the dispute did not concern a matter of journalistic ethics. It pointed to the solutions that had been adopted by Belgian news publishers with regard to electronic press archives, namely the right to rectification (in cases where the information was inaccurate) and the right of electronic communication (in cases where the information was incomplete). II. THE DOMESTIC COURT PROCEEDINGS 19. In a summons served on 24 May 2012 G. instituted proceedings against the applicant in the Neufchâteau Court of First Instance, seeking to have the electronic archived version of the article in question anonymised on the basis of Article 1382 of the Civil Code. In the alternative, should the applicant actually provide irrefutable technical evidence of the impossibility of making the information anonymous, G. sought an order requiring him to add a “noindex” tag to the online version of the article to prevent it from appearing on the list of results when G.’s name was typed into the search engine of the newspaper’s website. In G.’s view, even though he had addressed a reasonable and substantiated request to that effect to the applicant, the latter had kept the article online without anonymising it or adding a noindex tag, and had thus committed a fault and infringed G.’s “right to be forgotten”. 20. In his written submissions the applicant objected to anonymisation and stated, among other things, that G. had argued in his statement of claim that the article was accessible to anyone who simply carried out an Internet search based on his first name and surname. In the applicant’s view, this actually amounted to a criticism of the powerful nature of search engines. The applicant further stated that he had given notice to the administrator of the search engine Google to delist the article in question. As the search engine had refused to do so voluntarily, the applicant took the view that it was for the claimant to take proceedings against the search engine, since the latter was responsible for indexing the article. The applicant argued that this was the practice, for instance, in France, where the courts regularly ordered Google to delist content that infringed individuals’ privacy. He added that Google’s activities, unlike those of news publishers, were purely commercial, and Google could not rely on a right to information or a duty to preserve the archives or a duty to remember. 21. In a judgment of 25 January 2013 the Court of First Instance allowed most of G.’s claims. Noting that the applicant had not adduced any evidence of the impossibility of anonymising the article, the court ordered him to 7