From our private database of 31,100+ case briefs...
eDate Advertising GmbH v. X, and Martinez v. MGN, Ltd.
European Union Court of Justice
Joined Cases C-509/09 and C-161/10, CELEX: 62009CJ0509 (2011)
The Germany Federal Court of Justice and the Paris Regional Court each referred questions about jurisdiction to the European Court of Justice (ECJ) for a preliminary ruling. The two cases were joined for consideration by the ECJ because they referred similar questions about how to apply prior caselaw concerning jurisdiction in newspaper defamation cases to cases involving defamatory content disseminated on the internet. In the German case, X (plaintiff) was a German national who was convicted of a crime and appealed the conviction. X sued Austrian company eDate Advertising GmbH (eDate) (defendant) in Germany for publishing information about the crime online that revealed X’s identity before the appeal concluded. X sought an injunction prohibiting eDate from reporting his identity. eDate objected, arguing that German courts did not have jurisdiction. The lower courts ruled in favor of X, finding Germany could properly exercise jurisdiction. eDate appealed to the German high court, which referred the jurisdictional questions to the ECJ. In the French case, the United Kingdom’s Sunday Mirror publication stated on its website that French actor Oliver Martinez (plaintiff) was dating a previous girlfriend again and described a meeting they had. Martinez sued the publisher of the Mirror, MGN Ltd. (defendant), in France for interference with his private life. MGN argued that France lacked jurisdiction, and, on appeal, the French high court referred questions on jurisdiction to the ECJ.
Rule of Law
Holding and Reasoning (Cruz Villalón, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 557,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 557,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 31,100 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.