Международна компетентност и приложимо право в Европейския съюз при непозволено увреждане чрез публикации в Интернет
Jurisdiction and applicable law in the European Union in matters relating to tort caused by means of publications on the internet

Summary/Abstract: The ever increasing role of the internet as means of exchanging information has led to a number of challenges to the traditional ways in which jurisdiction in matters relating to tort is established in the European Union. Indeed, a defamatory online publication is capable of producing immediate and far-reaching adverse effects across the globe on the personality rights of the individual subject of the publication. The article examines, first, the most recent case-law of the Court of Justice of the EU on the matter, a particular emphasis being put on the so-called “centre of interests” of the claimant as a linking factor for the purpose of establishing jurisdiction in matters relating to tort caused by means of online publications. Second, the article looks at whether EU law affects the determination of the applicable law to tort liability arising from defamatory online publications in the light, in particular, of Directive 2000/31/EC. The existing case-law is critically analysed not only with regard to its practical consequences but also in view of its possible rationale and justifications.

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