News
Reputational damages through the Internet: a legal person can bring action before the courts of the Member State where it has its centre of interests
- 31/07/2017
The reputation of a company may be seriously damaged by incorrect information and harmful comments posted on the internet.
As regards reputational damages through the Internet, the Advocate General of the European Court of Justice, in its conclusions delivered on 13th July 2017 in the case C-194/16, has stated that damages suffered by a legal person are to be considered as those suffered by a natural person.
Therefore, article 7(2) of the European Regulation no. 1215/2012, according to which “a person domiciled in a Member State may be sued in another Member State, in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur”, applies also to legal persons.
In the cases at issue, the place of the harmful event is the place where the reputation of a legal person has been more seriously damaged, that is, usually, the place where it has its centre of interests. So, action can be brought before the courts of the Member State where the damaged company has its centre of interests.
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