Cap. 418 чл. 32AOrders to remove content on online interface etc.

(1) If notwithstanding the various enforcement powers provided for under this Part, there are no other effective means available to bring about the cessation or the prohibition of the infringement of any law or of any decision which the Authority is entitled to enforce, the Authority may, in order to avoid the risk of serious harm to the collective interests of end-users, apply to the Civil Court for a court order requiring:

(a) any person to remove content and to restrict access to an online interface or to order the explicit display of a warning to end-users when they access an online interface;

(b) a hosting service provider to remove, disable or restrict access to an online interface; or

(c) where appropriate, domain registries or registrars to delete a fully qualified domain name and to allow the competent national entity responsible for the registration of such domain name to register it.

(2) The court, on receipt of an application under sub-article (1), shall order the notification of the application with urgency onto the person against whom the court order is being requested, which person shall be entitled to reply to the application within such period as the court may determine, which period shall not exceed ten (10) days or any lesser period as the court may deem appropriate in the circumstances, which period shall commence as from the date of notification:

Provided that the court shall consider and determine any such application with urgency:

Provided further that without prejudice to the above, the provisions of the Code of Organization and Civil Procedure for the hearing and determination of cases and of any appeal therefrom shall apply to any such action:

Provided further that from the decree of the Civil Court there shall be a right of appeal to the Court of Appeal on a point of law.

(3) Any person who fails to comply with an order issued in accordance with sub-article (1) shall be liable to a administrative penalty imposed by the Civil Court of not less than one thousand euro (€1,000) and not more than twenty-five thousand euro (€25,000) and, or to a daily administrative penalty of not less than fifty euro (€50) and not more than five hundred euro (€500) for each day of non-compliance, which administrative penalty or administrative penalties if imposed shall constitute a civil debt payable to the Authority in accordance with article 49.