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

See all articles by Andrej Savin

Andrej Savin

Copenhagen Business School - CBS Law

Date Written: December 23, 2016

Abstract

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

Savin, Andrej, Jurisdiction Over Cybertorts in the EU – A Coherent Picture? (December 23, 2016). Article in Varady, Tibor et al. (eds.) Liber amicorum : Gašo Knežević (Law Faculty, Belgrade 2016) ISBN 978-86-7630-664-0 (PF) . Available at SSRN: https://ssrn.com/abstract=2889222

Andrej Savin (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelænshave 18B, 1
Copenhagen, Frederiksberg 2000
Denmark

HOME PAGE: http://https://www.cbs.dk/en/research/departments-and-centres/cbs-law

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