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// Netherlands · Right to be forgotten

Court refers repeated Google delisting request to EU justice panel for GDPR guidance

Rechtbank Den Haag ·

ECLI:NL:RBDHA:2020:12154

Read the ruling at rechtspraak.nl

The case

Two individuals request Google to remove search results about football fraud allegations from 2015. After Google's rejection and expiration of the 6-week appeal period, they submit an identical repeated request. The court refers preliminary questions to the Court of Justice about the scope of the 'at any time' right in Article 21 GDPR for repeated requests.

What the court considered

  • 01Court refers preliminary questions to the European Court of Justice regarding interpretation of Article 21 GDPR ('at any time' right)
  • 02Uncertainty about the relationship between repeated removal requests and the national 6-week time limit
  • 03Question whether Google may reject repetitive requests based on Article 12(5) GDPR
  • 04Necessary clarification for uniform application of Union law

What this means in practice

Search engines and other data controllers may receive enhanced protection against endless repetitions of identical requests. Individuals must exercise greater diligence regarding appeal deadlines and cannot submit unlimited new requests without changed circumstances. First Dutch case raising fundamental questions about the relationship between the absolute nature of right to be forgotten rights ('at any time') and procedural safeguards. The preliminary ruling questions may impact the practice of repeated removal requests throughout the EU.

Legal basis

  • Artikel 17 AVG
  • Artikel 21 AVG
  • Artikel 12 lid 5 AVG
  • Artikel 35 UAVG
  • Artikel 267 VWEU
Right to be forgotten

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