Determination of the Court of Justice in case of defamation on the Internet - some remarks on the case law of the Court of Justice of the European Union Cover Image

Určení sudiště v případě pomluvy na internetu – několik poznámek k judikatuře Soudního dvora Evropské unie
Determination of the Court of Justice in case of defamation on the Internet - some remarks on the case law of the Court of Justice of the European Union

Author(s): Tereza Kyselovská
Subject(s): International Law, EU-Legislation
Published by: Masarykova univerzita
Keywords: European Union;Court of Justice;

Summary/Abstract: This article deals with the topic of jurisdiction in online defamation. Focus of the article is on the Article 5 Paragraph 3 of the Brussels I Regulation. This provision contains jurisdictional rule for non-contractual obligations – “place of harmful event”. This rule was recently subject to the Court of Justice of the EU decision in eDate. In this decision the Court of Justice interpreted this rule in case of online defamation. It extended the Shevill rule and created new and additional interpretation of this rule consisting in claimant’s “centre of interest”. This decision raised many question regarding its applicability and suitability. This article tried to analyze some of the issues raised by this decision.

  • Issue Year: 21/2013
  • Issue No: 4
  • Page Range: 454-460
  • Page Count: 7
  • Language: Czech