Thursday December 8, 2022, 6:00 PM
The Court of Justice of the European Union has issued on Thursday that the search engines such as Google should withdraw the link to content from their results if the person who asks it on the basis of his right to oblivion proves that the information to which the link leads is “clearly inaccurate”.
Moreover, the judgment of the European Court requires that the proof of the person should not be a judicial resolution issued against the editor of the website, although it corresponds to whom the withdrawal requires the manifeste inaccuracy of the information.
In that sense, the court based in Luxembourg indicates that in order to prevent an excessive burden to prevent the useful effect of the withdrawal from the left, it is only to provide resources that can “reasonably” demand that it searches.
That is why the plaintiff will not be obliged to present before he will try an earlier judicial resolution in his cases against the editor of the website in question, not even a solution to provisional measures.
The case responds to the two managers of a group of investment associations asked Google to withdraw from the results obtained from a search that were carried out from their names that recorded links to certain articles that gave a critical vision of the investment model of the aforementioned group.
The claimants claim that these items collect inaccuracies and ask Google that delivers photos that are presented in the form of preview images (miniature) in the list of results of an image search made of their names.
