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‘Fake views’: Internet falsehoods and European cross-border jurisdiction rules for tort claims brought by corporations after Bolagsupplysningen and Ilsjan in the European Court

‘Fake views’: Internet falsehoods and European cross-border jurisdiction rules for tort claims brought by corporations after Bolagsupplysningen and Ilsjan in the European Court
Published on: 07 November 2017
Published by: LexisPSL
  • ‘Fake views’: Internet falsehoods and European cross-border jurisdiction rules for tort claims brought by corporations after Bolagsupplysningen and Ilsjan in the European Court
  • The special jurisdiction rules under Article 7(2)
  • eDate Advertising and the creation of the ‘centre-of-interests’ jurisdiction criterion
  • Bolagsupplysningen and Ilsjan
  • Extending the centre-of-interests criterion to legal persons
  • Locating the centre-of-interests for legal persons
  • The nature of the damage claimed is irrelevant for jurisdictional purposes
  • Ordering rectification and / or the removal of the offending material?
  • Conclusion
  • Case details

Article summary

Dispute Resolution analysis: Companies and other legal persons can claim to have suffered serious damage to their reputations and their businesses by the publication of allegedly false information on the internet. As with natural persons, such ‘internet falsehoods’ may seriously infringe a victim’s personality rights. But in the light of the ubiquitous nature of the information and any content placed online on a website, and the fact that the scope of their distribution is, in principle, universal, where can a corporate victim sue an alleged internet publisher who is domiciled in another EU Member State? Michael McParland QC of Quadrant Chambers considers the decision and its implications. or take a trial to read the full analysis.

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