Google Ireland has failed to overturn the seizure of €76 million from one of its Irish bank accounts following a request from the Belgian start-up Proxistore, an e-advertising specialist.
Last week, it was revealed that Proxistore, based in Wavre, successfully seized the €76 million Google owed them. Citibank withdrew the amount from Google's Irish account, in line with several recent judicial decisions. This operation was unprecedented, according to Proxistore's CEO, Bruno Van Boucq.
Google was ordered to pay Proxistore €76 million for unilaterally and unjustifiably blocking the start-up's advertising campaigns for a total of 76 hours, prompting the company to seek urgent judicial intervention.
A Belgian judge subsequently ordered the seizure of the funds on 13 March. As Google Europe's headquarters are located in Ireland, Proxistore's lawyers then sent the European seizure order to the Irish Ministry of Justice, requesting the block of Google's Citibank account. The funds were seized last week following intervention from Belgian and European diplomats and a cross-border dispute claim lodged with the European Commission.
"The €76 million is now conservatively held by Citibank, and Google no longer has access to it," summarised Proxistore's CEO, Bruno Van Boucq. Google had two weeks to oppose the seizure, which it did. If not, the funds would have been transferred to the Belgian start-up's bank account.
"We believe Proxistore's allegations are unfounded. We will vigorously defend ourselves in court," the American company told Belga last week.
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Google also tried to overturn the seizure through the Walloon Brabant Court of First Instance, which declared itself temporarily unable to judge the dispute on Wednesday. The request was made before the seizure, with the hearing held on 3 April. The district court will now decide whether the seizure chamber or the Nivelles Enterprise Court is competent to rule on the matter.
Meanwhile, the Enterprise Court must still confirm or overturn its 7 February order requiring Google to reconnect Proxistore's services. If confirmed, the €76 million would be transferred to the start-up's bank. The hearing is scheduled for 7 May.
