Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/25/2011

Subject: The Court affirmed that, in the event of an alleged infringement of personality rights by means of content placed online on an internet website, the person who considers that his rights have been infringed has the option of bringing an action for liability, in respect of all the damage caused, either before the courts of the Member State in which the publisher of that content is established or before the courts of the Member State in which the centre of his interests is based. That person may also, instead of an action for liability in respect of all the damage caused, bring his action before the courts of each Member State in the territory of which content placed online is or has been accessible. Those courts have jurisdiction only in respect of the damage caused in the territory of the Member State of the court seised. Directive 2000/31/ on electronic commerce must be interpreted as not requiring transposition in the form of a specific conflict-of-laws rule. Nevertheless, the provider of an electronic commerce service is not made subject to stricter requirements than those provided for by the substantive law applicable in the Member State in which that service provider is established.

Parties: eDate Advertising

Classification: Dignity - Art. 1 Human dignity - Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority - Art. 15 Right of establishment - Freedom to provide services

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