FantasticSearch

1. Subject to Article 3, where the hosting service provider does not have its main establishment or legal representative in the Member State of the competent authority that issued the removal order, that authority shall, simultaneously, submit a copy of the removal order to the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established.

2. Where a hosting service provider receives a removal order as referred to in this Article, it shall take the measures provided for in Article 3 and take the necessary measures to be able to reinstate the content or access thereto, in accordance with paragraph 7 of this Article.

3. The competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established may, on its own initiative, within 72 hours of receiving the copy of the removal order in accordance with paragraph 1, scrutinise the removal order to determine whether it seriously or manifestly infringes this Regulation or the fundamental rights and freedoms guaranteed by the Charter. Where it finds an infringement, it shall, within the same period, adopt a reasoned decision to that effect.

4. Hosting service providers and content providers shall have the right to submit, within 48 hours of receiving either a removal order or information pursuant to Article 11(2), a reasoned request to the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established to scrutinise the removal order as referred to in the first subparagraph of paragraph 3 of this Article. The competent authority shall, within 72 hours of receiving the request, adopt a reasoned decision following its scrutiny of the removal order, setting out its findings as to whether there is an infringement.

5. The competent authority shall, before adopting a decision pursuant to the second subparagraph of paragraph 3 or a decision finding an infringement pursuant to the second subparagraph of paragraph 4, inform the competent authority that issued the removal order of its intention to adopt the decision and of its reasons for doing so.

6. Where the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established adopts a reasoned decision in accordance with paragraph 3 or 4 of this Article, it shall, without delay, communicate that decision to the competent authority that issued the removal order, the hosting service provider, the content provider who requested the scrutiny pursuant to paragraph 4 of this Article and, in accordance with Article 14, Europol. Where the decision finds an infringement pursuant to paragraph 3 or 4 of this Article, the removal order shall cease to have legal effects.

7. Upon receiving a decision finding an infringement communicated in accordance with paragraph 6, the hosting service provider concerned shall immediately reinstate the content or access thereto, without prejudice to the possibility to enforce its terms and conditions in accordance with Union and national law.