I'm too lazy to look up a primary source for this, but it seems that the newspaper article was published as a legal obligation: http://www.nextinpact.com/news/87482-existe-t-il-droit-a-oub... "La CNIL espagnole avait rejeté la réclamation contre le journal puisque les informations avaient été publiées en raison de contrainte légale.", meaning, "The Spanish equivalent of the CNIL http://fr.wikipedia.org/wiki/CNIL had rejected the claim against the newspaper as the data had been published due to legal constraint [sic]".

Mario Costeja González sued both Google and the Newspaper to remove the data, asking both to completely memory hole that his property was ever put up for auction. This includes links in the search results.

The court is making a distinction that may be hard to define because it is somewhat arbitrary and subjective. It's OK for this auction to be advertised locally, but not further from the area? Does this apply to any aggregation or reposting of data that is publicly listed somewhere else, if it mentions identifiable individuals?