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The Conseil d’Etat has requested the European Court of Justice for a preliminary ruling on a series of questions concerning the implementation of the right to be delisted.
Key points
Various applicants have lodged an appeal asking the Conseil d’Etat to quash (rule as ultra vires) a number of decisions made by the Commission nationale de l’informatique et des libertés (National Commission of Information Technologies and Liberties, CNIL) by which this public agency had rejected their complaints aimed at removing the results proceeding from their name search on the Google search engine.
The right to be delisted has been judicially recognised by the European Court of Justice, particularly in its Google Spain judgment delivered on May 13th, 2004. It requires the operator of a search engine to remove links to web pages published by third parties and containing information relating to that person from the list of results, displayed following a search made on the basis of a person’s name.