International Jurisdiction in Cross-Border Infringement of Personality Rights

Vol.16,No.2(2022)

Abstract

The legal provision applicable to determine the jurisdiction to decide claims regarding the cross-border infringement of personality rights is Article 7, Section 2, of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia). Article 7, Section 2, gives jurisdiction in non-contractual matters to the court of the place where the harmful event occurred or may occur. Called to interpret the concept of place where the harmful event occurred, the ECJ was forced to make an interpretative effort in case of online infringement of personality rights. It was so, because the information that is placed online can be accessed in any country. The offenses that occur on the Internet can have a global reach and cause damage with greater geographical extension and repercussions in the legal sphere of the victim, especially due to the geographical wide location of its users. The aim of this study is to highlight the latest trends of the Court of Justice of the European Union regarding this topic. 


Keywords:
Brussels Ia Regulation; International jurisdiction; online torts; delicts or quasidelicts

Pages:
125 – 142
Author biography

Anabela Susana de Sousa Gonçalves

Law School - University of Minho

Professor Private Law Department Law School - University of Minho
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