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

Common Market Law Review, Volume 57, Issue 5 (2020), pp. 1495 – 1526

21 Pages Posted: 20 Nov 2020

See all articles by Clara Rauchegger

Clara Rauchegger

University of Innsbruck - Faculty of Law

Aleksandra Kuczerawy

KU Leuven - Centre for IT & IP Law (CiTiP)

Date Written: August 31, 2020

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

Suggested Citation

Rauchegger, Clara and Kuczerawy, Aleksandra, Injunctions to Remove Illegal Online Content under the Ecommerce Directive: Glawischnig-Piesczek (August 31, 2020). Common Market Law Review, Volume 57, Issue 5 (2020), pp. 1495 – 1526, Available at SSRN: https://ssrn.com/abstract=3728597 or http://dx.doi.org/10.2139/ssrn.3728597

Clara Rauchegger

University of Innsbruck - Faculty of Law ( email )

Austria

Aleksandra Kuczerawy (Contact Author)

KU Leuven - Centre for IT & IP Law (CiTiP) ( email )

Sint-Michielsstraat 6 box 3443
Leuven, 3000
Belgium

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