Internet Jurisdiction: A Survey of German Scholarship and Cases

32 Pages Posted: 14 Aug 2013  

Desiree Jaeger-Fine

Fordham CLIP

Joel R. Reidenberg

Fordham University School of Law

Jamela Debelak

Fordham CLIP

Jordan Kovnot

Fordham CLIP

Date Written: June 30, 2013

Abstract

In late June 2013, Fordham CLIP completed a study, “Internet Jurisdiction: A Survey of German Scholarship and Cases.” This project provides a survey of the case law and legal literature analyzing jurisdiction for claims arising out of Internet activity in Germany. A companion study, released simultaneously, explores similar issues as they are treated in the United States. The goal of the report is to identify trends in legal literature and case law and to serve as a comprehensive, objective resource to assist scholars and policy-makers looking to learn about the issues of jurisdiction on the Internet with a focus on the German legal system and relevant EU laws.

The research survey shows that, although various trends can be identified within German and EU case law, no consensus on the treatment of international jurisdiction can be ascertained. Although the academic literature demonstrates awareness of the problems and pitfalls in Internet-related cases, clear solutions are seldom offered. Moreover, notwithstanding German Federal Supreme Court and European Court of Justice decisions that have set the stage for further development, the research indicates that the coexistence of German and European Law, as well as the presence of separate subject matter-specific legal regimes, preclude the identification of any real consensus views.

Keywords: Germany, Internet, jurisdiction, choice of law, applicable law, forum

JEL Classification: K10, K39, K40, 034

Suggested Citation

Jaeger-Fine, Desiree and Reidenberg, Joel R. and Debelak, Jamela and Kovnot, Jordan, Internet Jurisdiction: A Survey of German Scholarship and Cases (June 30, 2013). Fordham Law Legal Studies Research Paper No. 2309575. Available at SSRN: https://ssrn.com/abstract=2309575 or http://dx.doi.org/10.2139/ssrn.2309575

Desiree Jaeger-Fine

Fordham CLIP ( email )

Fordham Law School
140 West 62nd Street
New York, NY 10023
United States

Joel R. Reidenberg (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6843 (Phone)
212-930-8833 (Fax)

HOME PAGE: http://faculty.fordham.edu/reidenberg

Jamela Debelak

Fordham CLIP ( email )

140 West 62nd Street
New York, NY 10023
United States

Jordan Kovnot

Fordham CLIP ( email )

140 West 62nd Street
New York, NY 10023
United States

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