PIL instrument(s)

Case number and/or case name

BGH, 8.5.2012 – VI ZR 217/08

Details of the court

Germany, Third Instance

Articles referred to by the court

Date of the judgement

07 May 2012

Appeal history

CJEU's case law cited by the court

Summary

The plaintiff brought an action for an injunction (infringement of personality rights). The defendant had an Austrian website where visitors could call up a report about a crime committed by the plaintiff where his full name was viewable for everyone visiting the website. The Court had requested a preliminary ruling in 2009 concerning the term ‘place where the harmful event occurred or may occur’ in Art. 5 No 3 Brussels I. The CJEU decided in eDate (C-509/09) that – among other aspects – the plaintiff can claim the whole damage in the place where he’s having the centre of his interests. In the present case the plaintiff had his habitual residence and the centre of his life in Germany. Therefore the Court assumed the international jurisdiction pursuant to Art. 5 No 3 Brussels I because the place where the damage occurred was Germany. The Court had requested a preliminary ruling by the CJEU where the Court decided – among other possibilities – that the plaintiff can claim the whole damage in the place where he has the centre of his interests. The plaintiff’s interests and the center of his life were located in Germany. The content of the judgment eDate relevant to the present case was therefore correctly applied to it.