Limited jurisdiction to court of Member State within which damage is caused

03-06-2014 Print this page
IPPT20140403, CJEU, Hi Hotel v Spoering

PRIVATE INTERNATIONAL LAW – LITIGATION

 

Court of Member State within which damage is caused, where supposed perpetrator did not act, has jurisdiction only to rule on damage cause within territory of Member State to which it belongs.

 

"42. Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, where there are several supposed perpetrators of damage allegedly caused to rights of copyright protected in the Member State of the court seised, that provision does not allow jurisdiction to be established, on the basis of the causal event of the damage, of a court within whose jurisdiction the supposed perpetrator who is being sued did not act, but does allow the jurisdiction of that court to be established on the basis of the place where the alleged damage occurs, provided that the damage may occur within the jurisdiction of the court seised. If that is the case, the court has jurisdiction only to rule on the damage caused in the territory of the Member State to which it belongs."

 

IPPT20140403, CJEU, Hi Hotel v Spoering

 

C-387/12 - ECLI:EU:C:2014:215