Wed, Mar. 30, 2011

Internet Jurisdiction of German Courts

CK - Washington.   On March 30, 2011, the German Supreme Court for Civil Matters, Bundesgerichtshof, released a press statement to summarize its opinion in the internet jurisdiction matter VIII ZR 94/10. The formal written opinion will be published in the near future.

The court decided against the exercise of personal jurisdiction by German courts in a matter involving a claim for the infringement of personality rights where (a) the parties to the underlying facts acted outside of Germany; (b) a server in Germany hosted the allegedly infringing material; and (c) the plaintiff, a resident of Russia and Germany, happened to notice the material while he was present in Germany.

The nexus to Germany is too fragile to support the exercise of international jurisdiction, the court explained. The author of the material lives in the United States, the plaintiff in Russia. The material is published in Russian and recounts a class reunion in Russia.

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