Jurisdiction and Applicable Law for Infringements of Personality Rights Committed on the Internet

摘要

The European Court of Justice in eDate Advertising GmbH v X; Oliver Martinez and Robert Martinez v MGN Ltd has interpreted art.5(3) of the Brussels I Regulation to recognise a new rule of jurisdiction allowing claims to be brought before the courts of a Member State in which an individual has his "centre of interests "for cases involving alleged infringements of personality rights committed by means of content placed on the internet. In addition, the court held that art. 3 of the E-Commerce Directive requires Member States to not impose stricter requirements on the provider of an electronic commerce service than those provided for by the substantive law in which that service provider is established.