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European court: considers claims arising out of publications on the internet (X v eDate Advertising and Martinez v MGN)

European court: considers claims arising out of publications on the internet (X v eDate Advertising and Martinez v MGN)
Published on: 26 October 2011
Published by: LexisPSL
  • European court: considers claims arising out of publications on the internet (X v eDate Advertising and Martinez v MGN)
  • Court details
  • Facts
  • Article 5(3) of the Judgments Regulation
  • Directive 2000/31 - Publication of information on the internet
  • Comment

Article summary

The Court of Justice of the European Communities ('CJEC') has ruled that a person alleging infringement of personality rights by means of content published on the internet has an option as to where to bring a claim: (i) if claiming in respect of all the damage caused, either before the courts of the Member State in which the publisher of that content is established or before the courts of the Member State in which the centre of the claimant's interests are based or (ii) instead of an action for liability in respect of all the damage caused, the action can be brought before the courts of each Member State in the territory of which content placed on-line is or has been accessible — in such case, those courts will have jurisdiction only in respect of the damage caused in the territory of the Member State of the court seised. In addition, the Court also ruled upon the interpretation to be placed on Article 3 of Directive 2000/31/EC (Publication of information on the internet) as to the implications of that provision as regards rules of private international law in determining the applicable law. or take a trial to read the full analysis.

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