Injunctions to Remove Illegal Online Content under the Ecommerce Directive: Glawischnig-Piesczek

Abstract

Currently, the eCommerce Directive is the central legal framework for digital services in the internal market. More than 20 years after it entered into force, it still leaves room for interpretation as far as liability exemptions and monitoring obligations for digital platforms are concerned. In Glawischnig-Piesczek, the ECJ was asked to interpret Article 15(1) of the Directive, which prohibits Member States from imposing a general obligation on digital platforms to monitor the content posted by their users.

Keywords: eCommerce Directive, European Court of Justice, injunctions, defamation, general monitoring obligations