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12.9.2009 |
EN |
Official Journal of the European Union |
C 220/29 |
Reference for a preliminary ruling from the Tribunal de grande instance, Paris (France) lodged on 16 July 2009 — Olivier Martinez, Robert Martinez v Société MGN Limited
(Case C-278/09)
2009/C 220/56
Language of the case: French
Referring court
Tribunal de grande Instance, Paris
Parties to the main proceedings
Applicants: Olivier Martinez, Robert Martinez
Defendants: Société MGN Limited
Question referred
Must Article 2 and 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 (1) be interpreted to mean that a court or tribunal of a Member State has jurisdiction to hear an action brought in respect on an infringement of personal rights allegedly committed by the placing on-line of information and/or photographs on an Internet site published in another Member State by a company domiciled in that second State — or in a third Member State, but in any event in a State other than the first Member State —:
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On the sole condition that that Internet site can be accessed from the first Member State, |
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On the sole condition that there is between the harmful act and the territory of the first Member State a link which is sufficient, substantial or significant and, in that case, whether that link can be created by:
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