First Application of Google Spain by a National Court in Europe: The Right to be Forgotten gets Reduced in the Netherlands

By Giancarlo Frosio on October 7, 2014

Recently, a European national court applied for the first time the Google Spain ruling of the European Court of Justice (“ECJ”). The Court of Amsterdam dealt with one of the “right to be forgotten” requests that Google refused to comply with by rejecting the claims of the plaintiff and reinforcing the role of freedom of speech. In particular, the Dutch Court narrowed down the ECJ’s test by stating that the Google Spain ruling “does not intend to protect individuals against all negative communications on the Internet, but only against ‘being pursued’ for a long time by ‘irrelevant’, ‘excessive’ or ‘unnecessarily defamatory’ expressions.”

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