International Jurisdiction in Online Defamation – Some Thoughts on the Court of Justice of the EU Case Law
Vol.21,No.4(2013)
Abstract
Pages:
454–460
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.
454–460
Copyright © 2016 Tereza Kyselovská