Jurisdiction Over Cybertorts in the EU: A Coherent Picture?

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

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.
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.
LanguageEnglish
Title of host publicationLiber amicorum : Gašo Knežević
EditorsTibor Várady
Number of pages22
Place of PublicationBelgrade
PublisherFaculty of Law, University of Belgrade
Date2016
ISBN (Print)9788676306640
StatePublished - 2016

Bibliographical note

CBS Library does not have access to the material

Cite this

Savin, A. (2016). Jurisdiction Over Cybertorts in the EU: A Coherent Picture? In T. Várady (Ed.), Liber amicorum: Gašo Knežević Belgrade: Faculty of Law, University of Belgrade.
Savin, Andrej. / Jurisdiction Over Cybertorts in the EU : A Coherent Picture?. Liber amicorum: Gašo Knežević. editor / Tibor Várady. Belgrade : Faculty of Law, University of Belgrade, 2016.
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Savin, A 2016, Jurisdiction Over Cybertorts in the EU: A Coherent Picture? in T Várady (ed.), Liber amicorum: Gašo Knežević. Faculty of Law, University of Belgrade, Belgrade.

Jurisdiction Over Cybertorts in the EU : A Coherent Picture? / Savin, Andrej.

Liber amicorum: Gašo Knežević. ed. / Tibor Várady. Belgrade : Faculty of Law, University of Belgrade, 2016.

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

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AB - 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.

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Savin A. Jurisdiction Over Cybertorts in the EU: A Coherent Picture? In Várady T, editor, Liber amicorum: Gašo Knežević. Belgrade: Faculty of Law, University of Belgrade. 2016.