CJEU confirms accessibility criterion to determine jurisdiction in online copyright infringement cases

The general rule of jurisdiction in Article 2 of the Brussels I Regulation is that "persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State". However, "in matters relating to tort, delict or quasi-delict," one may be alternatively sued "in the courts for the place where the harmful event occurred or may occur".

Locating such "place" has not always been an easy task when it comes to unregistered rights such as personality rights or copyright. Indeed, even the Court of Justice of the European Union has struggled with the interpretation of Article 5(3) Brussels I/Article 7(2) Brussels I Recast, and has adopted a number of different criteria.

When an unregistered right has been allegedly infringed online, what court is competent to hear and decide the resulting case? 

Country: EU

Domains: IPR

Stakeholder: Judicial

Tags: personality rights, online infringement, CJEU, jurisdiction, copyright

Posted on Thursday 22 January 2015

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