Infringement of personal rights PhD Judge Diana Ungureanu NIM - - PowerPoint PPT Presentation
Infringement of personal rights PhD Judge Diana Ungureanu NIM trainer 1 I. Jurisdiction Regulation 1215/2012- scope of application - Ratione temporis, personae, materiae Criteria of jurisdiction: art.7 (2) in matters relating to tort,
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Regulation 1215/2012- scope of application
Criteria of jurisdiction: art.7 (2)
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place where: a) the newspaper was printed and put into circulation; or b) the newspaper was read by particular individuals; or c) the plaintiff has a significant reputation?
the plaintiff and understood those words to refer to him?
copies of the newspaper were distributed in at least one MS other than the MS where it was printed and put into circulation), does a separate harmful event or harmful events take place in each MS where the newspaper was distributed, in respect of which such MS has separate jurisdiction under Article 5(3), and if so, how harmful must the event be, or what proportion
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the victim of a libel by a newspaper article distributed in
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The place of the event giving rise to it (C-21/76, Mines de Potasse d' Alsace)-can only be the place where the publisher of the newspaper in question is established
However, that forum will generally coincide with art.2 (1); the plaintiff must have the option to bring proceedings also in the place where the damage occurred
The place where the damage occurred is the place where the event giving rise to the damage, entailing tortious, delictual or quasi-delictual liability, produced its harmful effects upon the victim- the place where the newspaper was distributed
territorially the best placed to assess the libel committed in that State
disadvantages to having different courts ruling on various aspects of the same dispute
The plaintiff has the option
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Immaterial ways of communication raise the
The option for all damage- domicile of the content publisher or
Separate actions- before the courts of each MS in
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Art.2 alin.1 lit.a: For the purposes of Chapter III, ‘judgment’ includes provisional, including protective, measures ordered by a court or tribunal which by virtue of this Regulation has jurisdiction as to the substance of the matter. It does not include a provisional, including protective, measure which is ordered by such a court or tribunal without the defendant being summoned to appear, unless the judgment containing the measure is served on the defendant prior to enforcement;
Art.35- Provisional, including protective, measures
Application may be made to the courts of a MS for such provisional, including protective, measures as may be available under the law of that MS, even if the courts of another MS have jurisdiction as to the substance
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Art.42: For the purposes of enforcement in a MSt of a judgment given in another MS ordering a provisional, including a protective, measure, the applicant shall provide the competent enforcement authority with:
(a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
(b) the certificate issued pursuant to Article 53, containing a description
(i)
the court has jurisdiction as to the substance of the matter;
(ii)
the judgment is enforceable in the MS of origin; and
(c) where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment.
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Art.1 alin.2 lit.g) Reg.864/2007 (Rome
International private law of the lex fori
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The criteria- Case Axel Springer v. Germany Case Societe Prisma Presse c. France Von Hannover v. Germany (no.1, no. 2) Verlagsgruppe News v. Austria Hachette Filipacchi Associe
Mosley c. UK
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Contribution to a debate of general interest How well known is the person concerned and
Prior conduct of the person concerned Method of obtaining the information and its
Content, form and
Severity of the sanction imposed
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General interest- not only where the publication
Well known- private individuals vs. persons acting in
Politicians in the exercise of their officials functions-
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Prior conduct- The mere fact of having
Method of obtaining- acting in good faith, on
Content etc.- the way of reporting, the
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Art.36- recognition without any special
Art.39- any declaration of enforceability
Art.45-grounds of refusal-public policy-
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