|Merpel understood it as|
"organic bread result"
|Appalled just at the idea that some sponsored |
links might be misleading or deceptive
Accordingly, in order to establish whether the liability of a referencing service provider may be limited under Article 14 it is necessary to examine whether the role played by that service provider is neutral, in the sense that its conduct is merely technical, automatic and passive, pointing to a lack of knowledge or control of the data which it stores.
Contrary to the conclusion achieved by the Australian court, the CJEU did not rule out the possibility that Google could not be considered as playing merely a neutral role, as this processed the data entered by advertisers and the resulting display of the ads was made under conditions which Google controlled. As a result, Google determined the order of display according to, inter alia, the remuneration paid by the advertisers.