EUCP

Cases, Materials and News on European Civil Procedure

CJEU Judgment – C 194/16 – 17 October 2017, Regulation (EU) No 1215/2012 — Jurisdiction Pursuant Art. 7 (2) — Infringement of the rights of a legal person by the publication on the internet – Place where the damage occurred — Centre of interests of that person

The Court of Justice of the European Union, in Case C‑194/16 of 17 October 2017, issued a judgment concerning the interpretation of Article 7(2) of Regulation (EU) 1215/2012 in relation with internet infringement of personality rights, stating that:

  • a legal person claiming that its personality rights have been infringed by the publication of incorrect information concerning it on the internet and by a failure to remove comments relating to that person can bring an action for rectification of that information, removal of those comments and compensation in respect of all the damage sustained before the courts of the Member State in which its centre of interests is located; and
  • when the relevant legal person carries out the main part of its activities in a different Member State from the one in which its registered office is located, that person may sue the alleged perpetrator of the injury in that other Member State by virtue of it being where the damage occurred.

Full text decision

Leave a Reply

Your email address will not be published. Required fields are marked *

EUCP © 2016 Frontier Theme