No jurisdiction to grant internet injunctions in claims brought on ‘mosaic basis’ (Mincione v Gedi Gruppo Editoriale SpA)

Table of contents

• What are the practical implications of this case?
• What was the background?
• The parties
• The claim
• The application
• What did the court decide?
• Case details

Article summary

TMT analysis: An Italian publisher successfully challenged the court’s jurisdiction to grant an internet injunction in circumstances where the claimant had brought libel proceedings in England and Wales on the ‘mosaic basis’ under Article 7(2) of Regulation (EU) 1215/2012, Brussels I (recast). Mrs Justice Tipples held that in Saïd v Groupe L’Express, Mr Justice Nicol J had correctly summarised the effect of the Court of Justice’s judgment in Bolagsupplysningen OÜ v Svensk Handel. Namely, a claimant seeking relief such as an injunction in relation to an internet publication must do so in either: the defendant’s home state; or, the Member State where the claimant has their ‘centre of interests’. Written by Hope Williams, pupil Barrister at 5RB and Luke Browne, barrister at 5RB.