Tagged: article 7 (2) Regulation 1215/2012

Mere accessibility of a website does not trigger jurisdiction for injunctions when personality rights are infringed (ECJ, C-194/16, Bolagsupplysningen/Ilsjan)

By Justin Jütte

In Bolagsupplysningen OÜ, Ingrid Ilsjan v Svensk Handel AB (BOÜ/Ilsjan) the Court of Justice of the European Union (ECJ) ruled that a legal person can bring an action for damages and request the correction and removal of allegedly defamatory information before the courts of the Member State where that person has its centre of interests. The ECJ, however, also ruled that an action for removal of certain incorrect information and removal of comments by way of an injunction can, cannot be initiated in every Member State where the website was accessible. With this ruling the Court implicitly confirms its jurisprudence on the special rule of jurisdiction under Article 7(2) of Regulation No 1215/2012 (Brussels I Regulation (recast)) for online infringements of personality rights. Unfortunately, it did not address the changes AG Bobek suggested in this respect in his Opinion (discussed here).  Continue reading