CVRIA - SÚHRN konaní: máj/jún 2019

Právne Noviny vám v spolupráci so Súdnym dvorom Európskej únie prinášajú priebežný súhrn konaní a rozhodnutí Súdneho dvora EÚ.

Redakcia 11. 06. 2019 2 min.

Court of Justice

Monday 27th May

Judgments in Cases C-508/18 OG, C-509/18 PF and C-82/19 PPU PI

Execution of European arrest warrants issued by public prosecutors

There will be a press release for these judgments

German public prosecutors and the Prosecutor General of Lithuania submitted European arrest warrants (EAW) to the Irish Courts asking for extradition of two Lithuanian and a Romanian citizens for the purpose of conducting against them criminal proceedings in connection of perpetration of serious crimes.

However, the three persons concerned assert that the arrest warrants in question cannot be executed as they were issued by authorities which cannot be considered a judicial authority within the meaning of the EAW Framework Decision (2002/584/JHA). They stress that the Framework Decision empowers only judicial authorities to issue an EAW.

The Irish Courts responsible for executing the warrants have asked the Court of Justice if the German and Lithuanian bodies in question can be considered judicial authorities entitled to issue such warrants.

As the person concerned in Case C-89/19 is in custody, the application of the urgent preliminary ruling procedure has been ordered.

Tuesday 4th June

Advocate’s General Opinion in Case C-18/18 Glawischnig-Piesczek

Hate speech on Facebook

There will be a press release for this Opinion

The Austrian Supreme Court has asked the Court of Justice if, under the E-Commerce Directive (2000/31/EC), Facebook and other host service providers are obliged to identify on web pages under their control comments containing hate speech and to remove them from there. The Directive itself says that such service providers are, in principle, not required either to verify the content of information they transfer or store, or to investigate into circumstances that may relate to illegal activities. The question is whether the identification and the removal of comments containing hate speech constitute exemptions to this general rule.

The dispute before the Austrian Supreme Court arose between, on the one hand, Mrs Eva Glawischnig-Piesczek, a former member of the Austrian National Council and the leader of the parliamentary group of the Austrian “Greens”, and, on the other hand, Facebook Ireland, which manages Facebook’s European businesses.

Zdroj: CURIA