On 23 March 2010, the European Court of Justice (ECJ) delivered its judgment in the three Google adwords cases (between Google and Louis Vuitton Malletier SA; Viaticum SA and Luteciel SARL; and Centre national de recherche en relations humaines (CNRRH) SARL and Tiger SARL).
The ECJ has not followed the Advocate General's opinion in a number of key respects.
It finds the advertiser potentially liable for trade mark infringement by use of the adwords, but not Google for the act of selling/hosting the adwords system, unless it has knowledge of infringing use to be made by the advertiser. Google can be made liable if it is alerted to an infringement and does not take steps to address the infringement, i.e. the ECJ has removed the 'hosting' defence from Google where it knows of the infringement.