LUXEMBOURG CITY — The European Court of Justice ruled in the Russmedia case that online platforms are unable to use safe harbor provisions to avoid liability for user-posted content that constitutes a data privacy violation.

This ruling from the European Court of Justice impacts cases within several legal areas, including data privacy. The Court of Justice hears cases involving environmental law, anti-discrimination law, and aspects of criminal procedure. It also has original jurisdiction over infringement proceedings and cases brought by or against European Union (E.U.) member states or E.U. institutions. The court consists of 27 judges, with each member state selecting one judge. These judges are nominated for a renewable six-year term by their respective member states. Judicial nominations undergo review by a specialized E.U. advisory judicial committee before judges are appointed by common accord of all member state governments.

The European Court of Justice was established in 1952 by the treaty that created the European Coal and Steel Community. It issues advisory opinions and hears appeals from the General Court. The European Court of Justice and the European General Court comprise the Court of Justice of the European Union. The European General Court, created in 1988, is a lower, first-instance court that primarily hears direct actions brought by corporations and individuals. Cases from the General Court may be appealed on points of law to the European Court of Justice.

National courts of E.U. member states can make preliminary references to the European Court of Justice on questions of E.U. law, and in some situations, they are required to do so. A preliminary reference pauses proceedings in a national court until the European Court of Justice provides a ruling, which national courts are then expected to apply to the resumed case. While it lacks a formal mechanism to compel compliance from member state courts, the president of the European Court of Justice conducts regular visits to member states to meet with national judges. Additionally, national judges receive regular invitations to visit the European Court of Justice and attend associated conferences.

The European Court of Justice includes 11 advocates general who serve as official court members in an advisory capacity. The court typically sits in chambers of three or five judges and occasionally convenes as a full court of 27 judges for exceptionally important cases. The Grand Chamber of the European Court of Justice consists of 15 judges. The court decides cases through a single collegiate judgment, and its deliberations are secret. The president of the European Court of Justice assigns a judge rapporteur for each case.