14 Octobre 2019

Online advertising: Protection of personal data
Although Article 15(1) off Directive No 2000/31 on electronic commerce prohibits Member States from imposing on host providers a general obligation to monitor information which they transmit or store, or a general obligation actively to seek facts or circumstances indicating illegal activity, as is clear from recital 47 of that directive, such a prohibition does not concern the monitoring obligations “in a specific case” which may be a particular piece of information stored by the host provider concerned at the request of a certain user of its social network the content of which has been declared to be illegal by the court of a Member State.
CJEU, Case C-18/18 Eva Glawischnig-Piesczek v Facebook Ireland, Judgment of 3 October 2019, LawLex201900001171JBJ

Online advertising: Protection of personal data
A court of a Member State may order a host provider to remove information covered by an injunction, or to block access to that information worldwide within the framework of the relevant international law.
CJEU, Case C-18/18 Eva Glawischnig-Piesczek v Facebook Ireland, Judgment of 3 October 2019, LawLex201900001171JBJ

Public procurement: Exclusion clauses
The subcontracting, by an economic operator, of part of the works under a prior public contract, decided upon without the contracting authority’s authorization and which led to the early termination of that contract, constitutes a significant or persistent deficiency shown in the performance of a substantive requirement under that public contract and is therefore capable of justifying that economic operator being excluded from participation in a subsequent public procurement procedure if, after conducting its own evaluation of the integrity and reliability of the economic operator, the contracting authority which organizes that subsequent procurement procedure considers that such subcontracting entails breaking the relationship of trust.
CJEU, Case C-267/18 Delta Antrepriza de Constructii si Montaj 93 SA, Judgment of 3 October 2019, LawLex201900001170JBJ