Tagged: online defamation

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

AG Bobek suggests limiting jurisdiction for online defamation of legal and natural persons (C-194/16, Bolagsupplysningen and Ilsjan)

By Bernd Justin Jütte

In his opinion in Case C-194/16 Advocate General (AG) Bobek suggests limiting the jurisdictional competence for infringements of personality rights of legal and natural persons on the Internet to two venues: the place of the domicile of the publisher and the centre of interest of the company whose personality rights have been infringed. If the Court were to follow the AG, this would mark a departure from the rule established in eDate/Martinez, which gives the injured party also the choice to litigate in all 28 Member States of the EU. If the Court were to adopt this position, parallel litigation in multiple fora would be precluded and judicial competence would be limited to such courts that have a true link to the dispute. Continue reading