Interesting comment on two recent CJEU decisions considering the question of territorial scope of injunctions ordered by national courts against intermediaries. Both seem to open up the possibility of national courts ordering worldwide injunctions, subject to certain conditions set out in the two decisions.
The decision in Google v CNIL offers a more balanced approach requiring courts to balance conflicts between the freedom of expression and information and freedom of data protection and privacy. It’s a shame that the CJEU in the Glawischnig case did not put the same emphasis on this balancing task. Instead, it imposed a broad and vague obligation on Facebook to remove content with an “equivalent meaning” to the unlawful content, possibly allowing the removal of lawful content.