The EU Court of Justice in a ruling of 25 October 2011 in Cases C-509/09 and C-161/10, regarding two cases of defamation on line has ruled with a statement that appears to conflict with the recent online defamation guidelines of the Italian Supreme Court (Court of Cassation).
In particular, the Court stated:
“In case of an alleged breach of personal rights by means of content put online on a website, the person that the complainant has the right to bring an action for compensation for all damage caused, or in the courts Member State of the location of the person who issued such content, or the courts of the Member State where it has its center of interest. In lieu of an action for compensation for all damage caused, this person may also bring an action before the courts of each Member State on whose territory the information networking is accessible or it has been. These are only competent to hear the damage caused on the territory of the Member State of the court. ”
In practice, those who feel defamed on the internet can go directly to the courts of the State of residence of herself or resident to request a complete rest of the damage throughout the EU.
If, however, will refer the individual judges of the various Member States, each will be solely responsible for any damage caused inside his country.
The Italian Court of Cassation in the united section by order No. 21661 of October 13, 2009 ruled as applicable in case of injury to the honor and reputation through the internet (even if in a case of national character) is that exclusively of residence or domicile of the injured and not of the injurer, to avoid that the injured can choose the most convenient court.Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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