Gtflix Tv v DR.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2021:1036
• Docket Number: C-251/20
• Date: 21 December 2021
• Celex Number: 62020CJ0251
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Grand Chamber)

21 December 2021 (*)

(Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Publication on the internet of allegedly disparaging comments concerning a person – Place where the harmful event occurred – Courts of each Member State in which content placed online is or has been accessible)

In Case C‑251/20,

REQUEST for a preliminary ruling under Article 267 TFEU from the Cour de cassation (Court of Cassation, France), made by decision of 13 May 2020, received at the Court on 10 June 2020, in the proceedings

Gtflix Tv

v

DR,

THE COURT (Grand Chamber),

composed of K. Lenaerts, President, L. Bay Larsen, Vice-President, A. Arabadjiev, A. Prechal, I. Jarukaitis and N. Jääskinen, Presidents of Chambers, T. von Danwitz, M. Safjan (Rapporteur), L.S. Rossi, A. Kumin and N. Wahl, Judges,

Advocate General: G. Hogan,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of:

– Gtflix Tv, by P. Spinosi, L. Chevallier and A. Michel, avocats,

– the French Government, by E. de Moustier and A. Daniel, acting as Agents,

– the Greek Government, by S. Chala, A. Dimitrakopoulou and K. Georgiadis, acting as Agents,

– the European Commission, by M. Heller and M. Wilderspin, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 16 September 2021,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Article 7(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1).

2 The request has been made in proceedings between Gtflix Tv, an adult entertainment company established in the Czech Republic, and DR, another professional in that field, domiciled in Hungary, concerning an application for rectification and removal of allegedly disparaging comments about that company which DR placed online on several websites and internet forums and a claim for compensation for the damage allegedly suffered as a result.

Legal context

3 It is apparent from recital 4 thereof that Regulation No 1215/2012 is intended, in the interests of the sound operation of the internal market, to unify the rules of conflict of jurisdiction in civil and commercial matters, and to ensure rapid and simple recognition and enforcement of judgments given in a Member State.

4 Recitals 15 and 16 of that regulation state:

‘(15) The rules of jurisdiction should be highly predictable and founded on the principle that jurisdiction is generally based on the defendant’s domicile. Jurisdiction should always be available on this ground save in a few well-defined situations in which the subject-matter of the dispute or the autonomy of the parties warrants a different connecting factor. The domicile of a legal person must be defined autonomously so as to make the common rules more transparent and avoid conflicts of jurisdiction.

(16) In addition to the defendant’s domicile, there should be alternative grounds of jurisdiction based on a close connection between the court and the action or in order to facilitate the sound administration of justice. The existence of a close connection should ensure legal certainty and avoid the possibility of the defendant being sued in a court of a Member State which he could not reasonably have foreseen. This is important, particularly in disputes concerning non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation.’

5 The rules of jurisdiction are set out in Chapter II of that regulation. Section 1 of Chapter II, entitled ‘General provisions’, contains Articles 4 to 6 of Regulation No 1215/2012.

6 Article 4(1) of that regulation provides:

‘Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.’

7 Article 5(1) of that regulation states:

‘Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter.’

8 In Section 2 of Chapter II of that regulation, entitled ‘Special jurisdiction’, Article 7(2) thereof provides:

‘A person domiciled in a Member State may be sued in another Member State:

…

(2) in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur’.

9 The wording of Article 7(2) of Regulation No 1215/2012 is essentially identical to that of Article 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 (OJ 2001 L 12, p. 1), which was repealed by Regulation No 1215/2012.

10 Section 4 of Chapter II of Regulation No 1215/2012, entitled ‘Jurisdiction over consumer contracts’, contains Article 17(1), which states:

‘1. In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7, if:

…

(c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer’s domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities.’

The main proceedings and the question referred for a preliminary ruling

11 Gtflix Tv, which is established in the Czech Republic and has its centre of interests in that Member State, produces and distributes, inter alia via its website, adult audiovisual content. DR, who is domiciled in Hungary, is a director, producer and distributor of films of the same type which are marketed on websites hosted in Hungary.

12 Gtflix Tv alleges that DR made disparaging comments about it on a number of websites and forums.

13 After giving DR formal notice to remove those comments, Gtflix Tv brought an action for interim measures against him before the President of the tribunal de grande instance de Lyon (Regional Court, Lyon, France) seeking an order requiring DR (i) on pain of a...