Bolagsupplysningen OÜ v. Svensk Handel AB
European Union Court of Justice
Case C-194/16, EUR-Lex – 62016CJ0194 (2017)
- Written by Liz Nakamura, JD
Facts
Bolagsupplysningen OÜ (BOU) (plaintiff), an Estonian corporation, primarily conducted business in Sweden. Both Estonia and Sweden are European Union (EU) member states. Svensk Handel AB (SHAB) (defendant), a Swedish corporation, published a blacklist on its website accusing BOU of fraud and deceit. SHAB’s website also contained numerous user comments calling for violence against BOU. The website was published in Swedish and was aimed toward the Swedish consumer. BOU asked SHAB to remove its name from the blacklist and to delete relevant user comments, but SHAB refused. BOU filed a personality-rights infringement action against SHAB in Estonia, arguing that SHAB’s publication of incorrect, defamatory information about BOU on the internet detrimentally impacted BOU’s Sweden-focused business. BOU sought damages and injunctive relief. BOU’s action made its way to the Estonia Supreme Court, which certified the following jurisdictional questions to the European Union Court of Justice: (1) whether a legal person, such as a corporation, could bring an action seeking injunctive relief for internet-based personality-rights infringements in any EU member state from which the allegedly infringing content was accessible and (2) whether a legal person could bring such an action only in the member state constituting the legal person’s center of interests.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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