11/07/2025
Nach knapp 10 Jahren gehts in die letzte Runde in Sachen CZECKAY vs. Google
https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=EGMR&Datum=31.12.2222&Aktenzeichen=11229/21
SECOND SECTION
Application no. 11229/21
Tobias CZECKAY
against Germany
lodged on 19 February 2021
communicated on 9 December 2024
SUBJECT MATTER OF THE CASE
The application concerns the refusal of the domestic courts to order a search engine provider to desist from listing in the engine’s search results a website which entailed allegedly inaccurate and incomplete statements about the applicant’s professional conduct as a lawyer during civil proceedings, when searching for the applicant’s name.
The statements on the website at issue were available since September 2009. In May 2014 the applicant unsuccessfully asked the search engine provider to delist the website from the engine’s search results and subsequently initiated proceedings before the Cologne Regional Court. Since September 2016 the website was not available and not listed in the search results anymore.
On 2 November 2016 the Regional Court ordered the search engine provider to desist from listing the respective website in the engine’s search results. The Court of Appeal set aside the Regional Court’s judgment and dismissed the applicant’s request. By a judgment of 24 July 2018 the Federal Court of Justice confirmed the Court of Appeal’s decision. It held that a search engine provider was only required to delist search results if they had, through a specific request, obtained knowledge of an obvious and at first glance clearly recognisable infringement. In addition, as the statements only concerned the applicant’s professional sphere and the applicant was still working as a lawyer, there was still an informational interest in the statements, notwithstanding the lapse of time.
On 20 September 2018 the applicant filed a constitutional complaint. While the constitutional complaint was pending before the Federal Constitutional Court, the Federal Court of Justice, in a judgment of 27 July 2020 (VI ZR 405/18), changed its approach to the question when a search engine provider was required to delist websites. After the General Data Protection Regulation of the European Union had come into force, it was not necessary that search engine providers had obtained knowledge of an obvious infringement through a specific request before they were required to act. On 8 September 2020 the Federal Constitutional Court decided not to admit the applicant’s constitutional complaint for adjudication (1 BvR 165/19). It held that, since the website in question had not been listed in the search results since 2016 and the Federal Court of Justice had changed its case-law, there was no reason to admit the constitutional complaint.
Invoking Article 8 of the Convention the applicant complained that the domestic courts failed to protect his reputation and his right to respect for private life
Informationen zum Verfahren EGMR - 11229/21: Sonstiges, Verfahrensgang, Wird zitiert von ...
