Dutch court (II): Google Spain Ruling Not Meant to Suppress News Reporting
In the fall of 2014 the Amsterdam Court was offered a chance to shed light on the interpretation of the Google Spain (Costeja) decision of the European Court of Justice, which created a ‘right to be forgotten’. The court then ruled that Google was right to refuse to remove links to refused a convicted criminal to profit from this judgment. To our knowledge, this was the first decision in its kind. Last week, the Amsterdam court ruled on yet another request to be forgotten. It again found in favour of Google and this time decided that the right of removal is not meant to suppress links to unpleasant news reporting.
In these preliminary relief proceedings, the Court of Amsterdam was asked to re-apply the Consteja decision because Google refused to remove links to news reports about a KPMG partner. The man in question had an argument with his contractor, which forced him to live in a container on his country estate for quite some time. Apparently the KMPG partner refused to pay the contractor’s bill, whereupon the contractor changed the locks.
After a report in Dutch daily newspaper De Telegraaf various media picked up the story. According to some media, the affair was symbolic of the culture within big accounting firms.
Understandably, the KPMG partner was not pleased that his private concerns where the subject of press coverage. He wanted to end this by invoking the Costeja decision.