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- Title
Migration of European Judicial Ideas Concerning Jurisdiction Over Google on Withdrawal of Information.
- Authors
Kowalik-Bańczyk, Krystyna; Pollicino, Oreste
- Abstract
Google's position in the information market has caused interesting legal developments insofar as its obligations are concerned. On various grounds, courts worldwide have begun to impose injunctions on Google that require the company to withdraw the search results--in fact, information sources--that its search engines provide. This article looks at this recent phenomenon of imposing obligations on Google to withdraw some information through the lens of judicial dialogue. In particular, we analyze the "inspiring" role of the Court of Justice of the European Union (CJEU) in its Google Spain judgment. This case represents a clear migration of some ideas that might be perceived as universal. Some courts outside of Europe--such as Canada--are gaining "inspiration" from the CJEU's Google Spain judgment in order to reinforce their own decisions. The legitimacy and techniques of this process are also discussed in this article.
- Subjects
COMPETENT authority; CONFLICT of judicial decisions
- Publication
German Law Journal, 2016, Vol 17, Issue 3, p315
- ISSN
2071-8322
- Publication type
Article
- DOI
10.1017/s2071832200019799