Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

Document 62010CN0161

Case C-161/10: Reference for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 6 April 2010 — Olivier Martinez, Robert Martinez v MGN Ltd

OJ C 148, 5.6.2010, p. 21–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

5.6.2010   

EN

Official Journal of the European Union

C 148/21

Reference for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 6 April 2010 — Olivier Martinez, Robert Martinez v MGN Ltd

(Case C-161/10)

2010/C 148/33

Language of the case: French

Referring court

Tribunal de grande instance de Paris

Parties to the main proceedings

Applicants: Olivier Martinez, Robert Martinez

Defendant: MGN Limited

Question referred

Must Articles 2 and 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 (1) be interpreted to mean that a court or tribunal of a Member State has jurisdiction to hear an action brought in respect of an infringement of personal rights allegedly committed by the placing on-line of information and/or photographs on an internet site published in another Member State by a company domiciled in that second State — or in a third Member State, but in any event a State other than the first Member State —:

—

on the sole condition that the internet site can be accessed from the first Member State,

—

on the sole condition that there is between the harmful act and the territory of the first Member State a link which is sufficient, substantial or significant and, in that case, whether that link can be created by:

—

the number of hits on the page at issue made from the first Member State, as an absolute figure or as a proportion of all hits on that page,

—

the residence, or nationality, of the person who complains of the infringement of his or her personal rights or, more generally, of the persons concerned,

—

the language in which the information at issue is broadcast or any other factor which may demonstrate the site publisher’s intention to address specifically the public of the first Member State,

—

the place where the events described occurred and/or where the photographic-images put on line were taken,

—

other criteria?

(1)  OJ 2001 L 12, p. 1.

Top