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Trajan Shipley
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21st December 2021
Data, Tech & IP Justice & Litigation

Court of Justice rules that compensation for online libel may be sought in courts of Member State where the resulting damage occurred

The Court of Justice has delivered its judgment in Gtflix Tv (C-251/20), clarifying that under the Brussels Recast Regulation compensation for dissemination of allegedly disparaging remarks on the internet may be sought before the courts of the Member State where the resulting damage occurred.

The case concerns the alleged violation of the rights of a Czech company, Gtflix, on the basis of derogatory comments that circulated on a number of websites made by an individual domiciled in Hungary. Gtflix brought proceedings in France seeking the removal of the content as well as compensation. The referring court declined jurisdiction on the basis of the rule of special jurisdiction laid down in Article 7(2), which grants jurisdiction to

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