Website Accessibility as Basis for Jurisdiction Under the Brussels I Regulation

Michael Bogdan

Abstract

This paper discusses the relevance, pursuant to the EU Brussels I Regulation, of the accessibility of a website from the Member State of the forum. There are currently several cases pending in the ECJ concerning the question of whether Article 5(3) of the Regulation gives jurisdiction, in the event of personality infringement on the Internet, to the courts of any Member State from which the website in question may be accessed. The ECJ recently held that the mere accessibility of a trader’s website by consumers domiciled in a Member State is not sufficient for fulfilling the jurisdictional prerequisite in Article 15(1)(c) that the trader directs, by any means, his commercial or professional activities to the Member State of the consumer's domicile.

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