Following to the decision of the National High Court, however, the Spanish Supreme Court (Contentious-Administrative Chamber) has declared that Google Spain S.L. is not responsible for the treatment of the data and, therefore, the requests to supress the data should be send to Google Inc. (located in the U.S.) and not Google Spain S.L. (which is only an intermediate without responsibility). See, for instance, the Spanish Supreme Court judgment (Contentious-Administrative Chamber) nº 574/2016, of 14 March 2016, ECLI:ES:TS:2016:964. However, the substantive outcomes of the CJEU decision and the follows ups decisions of the National High Court remain untouched (the criteria to suppress the data and the proportionality test have not change). The only change is the recipient against the individual has to send his/her request for suppression. To the contrary, also recently the Spanish Supreme Court (Civil Chamber) has decided, when action for damages is launched, that Google Spain S.L. is responsible. See the Spanish Supreme Court judgment (Civil Chamber) nº 210/2016, 5 April 2016, ECLI:ES:TS:2016:1280. In short, depending on the course of action, the private individual will have to follow different paths: (1) in the case that the goal is to request the suppression of the data, the request has to be sent to the Spanish National Agency for Data Protection or to Google Inc. (not Google Spain S.L.), and (2) in the case of a civil action for damages, the action could be pursued directly against Google Spain S.L..
In this regard, another judicial line has been opened: claims for damages for the non-elimination of personal data by the search engines. For the first time, the Provincial Court of Barcelona has sanctioned Google Spain S.L. for damages (8.000 euros in favour of the applicant) because the search engine did not eliminate personal data when a decision issued by the Spanish National Agency of Data Protection ordered to proceed with that elimination (Provincial Court of Barcelona, 364/2014, judgment of 17 July). As a consequence of the recognition of the search engines as "controllers" and that they are in charge of balancing the rights in conflict case by case, the search engines are liable for damages in case of not complying with their duties. Recently, the Spanish Supreme Court has ratified the compensation for damages in this case (see the Spanish Supreme Court judgment (Civil Chamber) nº 210/2016, 5 April 2016, ECLI:ES:TS:2016:1280).