Post by account_disabled on Dec 24, 2023 3:36:02 GMT
Ato the recipients who had an address with the same operator. The company Buzzee filed a lawsuit against the Internet access provider immediately forcing it to unblock the messaging servers under the penalty of eurosday. The arguments of the parties Buzzee argued that the operator could not move to block its messaging servers in the absence of an order or request from an administrative or judicial authority. The Internet access provider justifying the blocking claimed that a certain number of specialized providers identify the company Buzzee as a company that sends spam. Said spam is sent to private individuals and by spamming individuals especially through commercial advertising campaigns.
Buzzee violates the provisions of article of the Postal and Country Email List ommunications Code which prohibits direct advertising of a natural person by electronic messaging if it the latter did not give his consent. Among other things the operator claims that spam unnecessarily occupies networks and makes it difficult to maintain or continue the quality of services that are required by the Postal Code and Electronic Communications. By order dated January the President of the Paris Commercial Court ordered the operator to unblock Buzzees servers.
The president of the commercial court held that the blockade constituted a tortious disturbance in the absence of an order or request from an administrative or judicial authority in the absence of a legislative or regulatory provision or customer complaints. The operator could not decide on the blocking of servers on its own initiative and according to its own assessment criteria even if the respective messages contravened the Post and Communication code and could not justify its behavior by the need to fight against spam. any clause of the general conditions of sale does not allow the operator to filter the messages of its own customers. Free appealed against this ordinance. The operator invokes the same arguments in his request in particular article D.
Buzzee violates the provisions of article of the Postal and Country Email List ommunications Code which prohibits direct advertising of a natural person by electronic messaging if it the latter did not give his consent. Among other things the operator claims that spam unnecessarily occupies networks and makes it difficult to maintain or continue the quality of services that are required by the Postal Code and Electronic Communications. By order dated January the President of the Paris Commercial Court ordered the operator to unblock Buzzees servers.
The president of the commercial court held that the blockade constituted a tortious disturbance in the absence of an order or request from an administrative or judicial authority in the absence of a legislative or regulatory provision or customer complaints. The operator could not decide on the blocking of servers on its own initiative and according to its own assessment criteria even if the respective messages contravened the Post and Communication code and could not justify its behavior by the need to fight against spam. any clause of the general conditions of sale does not allow the operator to filter the messages of its own customers. Free appealed against this ordinance. The operator invokes the same arguments in his request in particular article D.