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The European Court of Justice issued a relevant ruling in relation to the courts having jurisdiction on disputes arising from defamation occurred through an Internet website.
The court held that in case of defamation occurred through the Internet the victim can bring the claim:
- either before the courts of its place of residence and in such case he will be entitled to recover all of the damages caused in all the EU Member States;
- or before the courts of the place where the contents are made available but in such case the claim shall be limited to the damages caused only in the jurisdiction of that specific court.
This approach is the result of the interpretation of Article 5.3 of the EU Regulation 44/2001, prescribing that “in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur“.
The consequences of this ruling are even more relevant if Italian law governs the dispute. Indeed, Italian private international law extends the principles of the EU Regulation 44/2001 also to disputes that are not only between entities based in EU Member States.
Therefore, in the scenario mentioned above, for instance a US Internet operator might face a claim before Italian courts for the damages suffered worldwide by a user resident in Italy. This represents a major advantage for users, but a major risk for Internet service provider that should put in place measures aimed at minising such risks.
Do you want to discuss the matter above? Feel free to contact me, Giulio Coraggio.
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