Hi Lorena and all,ARTICLE 19 and others intervened in this case at domestic level. Our understanding is that it is difficult to intervene before the CJEU if you were not a party to the proceedings at domestic level.We will be looking to make fresh submissions before the CJEU once the notice of referral is published in the official journal. Our understanding is that there is a 2 months window from publication. Here is a link to our submission before the Conseil d'Etat: https://www.article19.org/data/files/medialibrary/38567/Google-CNIL-Final-Submission.pdfLet me know if you have any questions.Best,GFrom: "'Lorena Jaume-Palasí' via Dynamic Coalition on Publicness" <publi...@googlegroups.com>
To: "Dynamic Coalition on Publicness" <publi...@googlegroups.com>
Sent: Thursday, 21 September, 2017 16:17:49
Subject: RTBF and global jurisdiction case now open for amicus letters. Do we want to draft one?
Dear all,--the French Data Protection Supervisor is bringing google to the highest Court of the European Union because they claim that deletion should be global (until now google simply deleted from EU domains and geo-blocked EU searches). The court is now opening a two months period where organizations can send amicus letters positioning themselves on this issue.This case will certainly have a huge impact on speech regulation and access to information everywhere and will certainly not only rescind to the right to be forgotten.So my question to you all: would you be interested in writing together an amicus letter? Anyone volunteering to join a drafting group?Warm regards,Lorena
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Hi Lorena and all,ARTICLE 19 and others intervened in this case at domestic level. Our understanding is that it is difficult to intervene before the CJEU if you were not a party to the proceedings at domestic level.We will be looking to make fresh submissions before the CJEU once the notice of referral is published in the official journal. Our understanding is that there is a 2 months window from publication. Here is a link to our submission before the Conseil d'Etat: https://www.article19.org/data/files/medialibrary/38567/Google-CNIL-Final-Submission.pdfLet me know if you have any questions.Best,GFrom: "'Lorena Jaume-Palasí' via Dynamic Coalition on Publicness" <publi...@googlegroups.com>
To: "Dynamic Coalition on Publicness" <publi...@googlegroups.com>
Sent: Thursday, 21 September, 2017 16:17:49
Subject: RTBF and global jurisdiction case now open for amicus letters. Do we want to draft one?
Dear all,the French Data Protection Supervisor is bringing google to the highest Court of the European Union because they claim that deletion should be global (until now google simply deleted from EU domains and geo-blocked EU searches). The court is now opening a two months period where organizations can send amicus letters positioning themselves on this issue.This case will certainly have a huge impact on speech regulation and access to information everywhere and will certainly not only rescind to the right to be forgotten.So my question to you all: would you be interested in writing together an amicus letter? Anyone volunteering to join a drafting group?Warm regards,Lorena
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Article 40Member States and institutions of the Union may intervene in cases before the Court of Justice. The same right shall be open to the bodies, offices and agencies of the Union and to any other person which can establish an interest in the result of a case submitted to the Court. Natural or legal persons shall not intervene in cases between Member States, between institutions of the Union or between Member States and institutions of the Union. Without prejudice to the second paragraph, the States, other than the Member States, which are parties to the Agreement on the European Economic Area, and also the EFTA Surveillance Authority referred to in that Agreement, may intervene in cases before the Court where one of the fields of application of that Agreement is concerned. An application to intervene shall be limited to supporting the form of order sought by one of the parties.
Lorena, I agree with you on, instead of reinventing the wheel, salvaging the joint letter and adapting to the litigation purpose. One of the strongest arguments on CNIL case is that RTBF varies by country and is often a choice of ethics than rights/law and therefore one country’s delisting decision should not be blown up in its effect to delist from users in all other countries. Our joint letter I think shows clearly that RTBF is matter of ethics and policy, not rights or law. If anyone does a draft, I will jump in and contribute. -- KS
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Lorena, hi,there are no basis in the court proceedings for your proposal. Might be good to check the whole Rules of the Court, in particular Article 157 on the third party proceedings.You should check also the CJEU Statute (Article 42)"Member States, institutions, bodies, offices and agencies of the Union and any other natural or legal persons may, in cases and under conditions to be determined by the Rules of Procedure, institute third-party proceedings to contest a judgment renderedwithout their being heard, where the judgment is prejudicial to their rights."Under the Rules of the Court (Article 157), the third party proceedings/amicus by others are only permitted once the CJEU decided the case and this happens only 2 moths after the CJEU issued a judgement and it is published it in the Official Journal. After this, the third party can request to intervene if this decision is prejudicial to their rights.At this stage, the case is in the Opinion procedure in which only "parties" to the case (as determined by domestic courts) can intervene. The section you refers to only applies when the CJEU actually decides the case and then, only if it can be determined that it is prejudicial to your rights.BestBarbora
From: "Lorena Jaume-Palasí" <lorena.jaume.palasi@googlemail.com>
To: "kyungsinpark" <kyungs...@korea.ac.kr>, "Dynamic Coalition on Publicness" <publi...@googlegroups.com>
Cc: "Gabrielle Guillemin" <gabr...@article19.org>, "Barbora" <bar...@article19.org>
Sent: Friday, 22 September, 2017 09:19:17
Hi Lorena,there is certainly a lot of confusion about the third party intervention at the CJEU, given different types of procedings there and very complex rules of procedure.This particular proceedings is called the preliminary ruling procedure. It is a mechanism which allows national courts to submit questions to the European Court of Justice, on the interpretation or validity of a European law provision applicable to the case at stake. Article 96 of the Rules of the Court specify who can participate in this particular proceeding. This is very limited and only "the parties to the main proceedings", the European Commission, member states and few other bodies are authorised to submit observations to the court.This was explicitly confirmed to A19 by the CJEU - we made an inquiry.So unless you were recognised as a party in the domestic proceedings, the Court will not consider your submission. It is not clear whether those who filed amicus in domestic proceedings are automatically recognised as parties.I suggest you check this with the CJEU and French lawyers before starting to draft.Hope this helps,BestBarboraFrom: "Lorena Jaume-Palasí" <lorena.jaume.palasi@googlemail.com>
To: "Barbora" <bar...@article19.org>
Cc: "kyungsinpark" <kyungs...@korea.ac.kr>, "Dynamic Coalition on Publicness" <publi...@googlegroups.com>, "Gabrielle Guillemin" <gabr...@article19.org>
Sent: Friday, 22 September, 2017 10:13:48
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Hi
Yes on posting!
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