Special Jurisdiction Based on the Place Where Damage Occurred in Cases Related to the Dissemination of Disparaging Comments on the Internet

An approving commentary on the judgment of the Court (Grand Chamber) of 21 December 2021 in Case C-251/20 Gtflix Tv v DR. In the judgment commented on, the Court held that that a legal entity who, considering that its rights have been infringed by the dissemination of disparaging comments on the internet, can seek not only the rectification of the information and the removal of the harmful content placed online, but also compensation for the damage resulting from that placement, and it may claim before the courts of each Member State in which those comments are or were accessible compensation for the damage suffered in the Member State of the court seised, even though those courts do not have jurisdiction to rule on the application for rectification and removal.

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Publication Details

Journal
Gdańskie Studia Prawnicze
Published
2024-09-15
DOI
https://doi.org/10.26881/gsp.2024.3.14
Citations
1
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.55
Controls
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article

Special Jurisdiction Based on the Place Where Damage Occurred in Cases Related to the Dissemination of Disparaging Comments on the Internet

Kinga Konieczna
1 citations
Gdańskie Studia Prawnicze
Dispute Resolution and Class Actions
0.55
article

Special Jurisdiction Based on the Place Where Damage Occurred in Cases Related to the Dissemination of Disparaging Comments on the Internet

Kinga Konieczna
article en
1 citations

Abstract

An approving commentary on the judgment of the Court (Grand Chamber) of 21 December 2021 in Case C-251/20 Gtflix Tv v DR. In the judgment commented on, the Court held that that a legal entity who, considering that its rights have been infringed by the dissemination of disparaging comments on the internet, can seek not only the rectification of the information and the removal of the harmful content placed online, but also compensation for the damage resulting from that placement, and it may claim before the courts of each Member State in which those comments are or were accessible compensation for the damage suffered in the Member State of the court seised, even though those courts do not have jurisdiction to rule on the application for rectification and removal.

Gdańskie Studia Prawnicze(3(64)/2024)
University of Gdańsk (PL)
Openalex Percentile: Top 22%
Dispute Resolution and Class Actions
0.55
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