The application of the Brussels I Recast Regulation to wrongful activities online and the delict oriented approach

Anabela Susana de Sousa Gonçalves

Abstract


The Internet has a global reach and the activities carried out there often have a transnational nature. In cases where the transnational activity has an unlawful nature, it is necessary to determine which court has jurisdiction to decide compensation for damage arising from such unlawful activity and to that end it is necessary to resort to Regulation No 1215/2012, of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Regulation (recast)). The Regulation has special jurisdiction rules applicable to matters relating to torts, delict or quasi-delict (Article 7(2)) which gives jurisdiction to the court of the Member State where the harmful event occurred or may occur. However, taking into account the specific characteristics of the internet and its global nature, it is not easy to establish the place where harmful event occurs when the wrongful activity takes place online. The features of the internet require an adaptation of the interpretation of the traditional jurisdiction rule of Article 7(2), which has a territorial nature, in a way that it is possible to apply this provision to internet activities. This effort of interpretation is the aim of this study.


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