PIL instrument(s)
Brussels I
Case number and/or case name
I ACa 403/15 (SA w Białymstoku)
Details of the court
Poland, Second Instance
Articles referred to by the court
Brussels I
Article 3
Paragraph 1
Article 5
Paragraph 3
Date of the judgement
29 September 2015
Appeal history
None
CJEU's case law cited by the court
Summary
The plaintiff, who is a Polish citizen, sued a German website and demanded the cessation of the use of the term ‘Polish death camp’; arguing that the German website had infringed her personal rights. The Polish court stated that it had jurisdiction according to Article 5 point 3 of the Brussels I Regulation. It also cited the judgement of the CJEU, according to which the alleged victim of an infringement of personal rights by means of content placed online which is protected in all the Member States may, on the basis that the harm occurred there, bring his action before the courts of each Member State in the territory of which content placed online is or has been accessible. The court of the second instance agreed with this argumentation.

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