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Judgment of the Court (Grand Chamber) of 12 July 2011. LOréal

Customer Question

Judgment of the Court (Grand Chamber) of 12 July 2011.
L’Oréal SA and Others v eBay International AG and Others.

http://curia.europa.eu/juris/liste.jsf?language=en&num=C-324/09#

At paragraph 113:

That is not the case where the service provider, instead of confining itself to providing that service neutrally by a merely technical and automatic processing of the data provided by its customers, plays an active role of such a kind as to give it knowledge of, or control over, those data (Google France and Google, paragraphs 114 and 120).

And at paragraph 116:

Where, by contrast, the operator has provided assistance which entails, in particular, optimising the presentation of the offers for sale in question or promoting those offers, it must be considered not to have taken a neutral position between the customer-seller concerned and potential buyers but to have played an active role of such a kind as to give it knowledge of, or control over, the data relating to those offers for sale. It cannot then rely, in the case of those data, on the exemption from liability referred to in Article 14(1) of Directive 2000/31.

A webmaster runs a website that offers people software to display and sell photographs.
The software is paid for on a monthly basis.
The website contains tutorials on how to value and sell photographs.
The website contains a shopping cart.
The website contains a checkout payment system which is PayPal.
The webmaster also bought the domain name for the user.
The domain name was registered in the webmasters name and pointed to the clients site running their software.

Would you consider that the webmaster has played an active role in assisting their client and therefore cannot rely on Article 14(1).
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

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Nicola
Customer: replied 2 years ago.

I'm okay to wait.

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Leave it open please.

Expert:  Nicola-mod replied 2 years ago.

Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.
Relist: No answer yet.
Expert:  Nicola-mod replied 2 years ago.
Hello,

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.

Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.

I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

I'm okay to wait.

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola

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