3 ms·

Based on EU law, a judge in Amsterdam Forbids X from shadowbanning EU citizens

7 points by janandonly 2y ago

Terr_ 2y ago
Looking at a translation [0] it sounds like some of this hinges on the fact that the customer spent money. _______________ Key parts of judgement, as best I can tell as a non-lawyer non-Dutch: > It is not in dispute that [applicant]'s account has had restrictions for a period. [...] However, the parties disagree as to whether this constitutes a breach of contract. [...] It is agreed with [applicant] that due to the imposed restrictions, the agreed obligations that [applicant] could expect from Twitter have not been fully fulfilled. The fact that some of the functionalities were still available to [applicant] does not change this. > In the opinion of the subdistrict court, the general terms and conditions on which Twitter relies are [...] unfair within the meaning of [Unfair Contract Terms Directive (93/13/EEC)...] that a term may be regarded as unfair if it authorizes the trader to unilaterally change the characteristics of the product or service to be supplied without valid reasons. [...] > Furthermore, Twitter has not put forward any facts or circumstances that justify the suspension. [...] This constitutes a breach of contract on her part and in principle the declaratory judgment claimed by [applicant] can be granted. _______________ Damages / Costs section: > Twitter has not disputed the method of calculation and the extent of the damages claimed by [applicant]. This means that [applicant] is entitled to $ 1.87, so that this amount will be awarded. > Now that Twitter has been largely unsuccessful, it must pay [applicant]'s legal costs. [...] €50.00 in travel and lost time costs [...] standing charge of € 86.00 [...] € 26.43 in costs for the registered mailing of the petition. So total (financial) cost to Twitter is something like... $177.12 USD. _______________ [0] https://uitspraken-rechtspraak-nl.translate.goog/details?id=ECLI%3ANL%3ARBAMS%3A2024%3A3980&_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp&_x_tr_hist=true https://uitspraken-rechtspraak-nl.translate.goog/details?id=...

7 points by janandonly 2y ago

Looking at a translation [0] it sounds like some of this hinges on the fact that the customer spent money. _______________ Key parts of judgement, as best I can tell as a non-lawyer non-Dutch: > It is not in dispute that [applicant]'s account has had restrictions for a period. [...] However, the parties disagree as to whether this constitutes a breach of contract. [...] It is agreed with [applicant] that due to the imposed restrictions, the agreed obligations that [applicant] could expect from Twitter have not been fully fulfilled. The fact that some of the functionalities were still available to [applicant] does not change this. > In the opinion of the subdistrict court, the general terms and conditions on which Twitter relies are [...] unfair within the meaning of [Unfair Contract Terms Directive (93/13/EEC)...] that a term may be regarded as unfair if it authorizes the trader to unilaterally change the characteristics of the product or service to be supplied without valid reasons. [...] > Furthermore, Twitter has not put forward any facts or circumstances that justify the suspension. [...] This constitutes a breach of contract on her part and in principle the declaratory judgment claimed by [applicant] can be granted. _______________ Damages / Costs section: > Twitter has not disputed the method of calculation and the extent of the damages claimed by [applicant]. This means that [applicant] is entitled to $ 1.87, so that this amount will be awarded. > Now that Twitter has been largely unsuccessful, it must pay [applicant]'s legal costs. [...] €50.00 in travel and lost time costs [...] standing charge of € 86.00 [...] € 26.43 in costs for the registered mailing of the petition. So total (financial) cost to Twitter is something like... $177.12 USD. _______________ [0] https://uitspraken-rechtspraak-nl.translate.goog/details?id=ECLI%3ANL%3ARBAMS%3A2024%3A3980&_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp&_x_tr_hist=true https://uitspraken-rechtspraak-nl.translate.goog/details?id=...