Jurisdiction Over Cybertorts in the EU – A Coherent Picture?
Article in Varady, Tibor et al. (eds.) Liber amicorum : Gašo Knežević (Law Faculty, Belgrade 2016) ISBN 978-86-7630-664-0 (PF)
22 Pages Posted: 24 Dec 2016 Last revised: 26 Dec 2016
Date Written: December 23, 2016
The article analyses EU jurisdiction rules for civil and commercial tort cases involving the use of the Internet (cybertorts). Since cybertorts have multiplied globally, determination of the appropriate forum in which to recover damages is of paramount importance. Brussels I Regulation (Recast) contains rules on general jurisdiction, which have largely been unproblematic and rules on special jurisdiction, which have been subject to intense interpretation in the Court of Justice of the European Union (CJEU).
The CJEU case law on special jurisdiction in cybertorts is divided into two groups: cases on violations of personality rights and cases on violation of intellectual property rights. The author argues that both groups of cases have elements of internal coherence but that an overall “magic” formula for all cybertorts is neither possible nor desirable.
Keywords: internet law, cyberlaw, torts, cybertorts, Brussels I Regulation (Recast)
JEL Classification: K13, K41, K33
Suggested Citation: Suggested Citation