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WHO IS RESPONSIBLE FOR THE CLAIMS OF THE “RIGHT TO BE FORGOTTEN”? – THE CASE OF GOOGLE SPAIN

On 14 March 2016, the Third Chamber of the Supreme Court (“SC”) dismissed the judgement dated 29 December 2014 of the Contentious – Administrative Chamber of the National Court. The SC, resolving various procedures of protection of rights (“right to be forgotten”), regarding which Google Spain should have proceeded with the exclusion of information regarding the declarants, thus impeding such…

CAN A COMMUNITY DISTRIBUTOR BE PROHIBITED FROM PASSIVE SALES?

Within the framework of the European Union, distribution and exclusive sales agreements are allowed even if, by their very nature, they restrict competition. Nonetheless, territorial protection is not absolute, since an exception is made for passive sales. The Commission Regulation (EU) No 330 / 2010 of 20 April 2010 on the application of Article 101 (3) of the Treaty on…