Hejduk v Energie Agentur.NRW GmbH

European Union – Jurisdiction. The Court of Justice of the European Union ruled that art 5(3) of Council Regulation (EC) 44/2001 should be interpreted as meaning that, in the event of an allegation of infringement of copyright and rights related to copyright guaranteed by the member state of the court seised, that court had jurisdiction, on the basis of the place where the damage had occurred, to hear an action for damages in respect of an infringement of those rights resulting from the placing of protected photographs online on a website accessible in its territorial jurisdiction. That court had jurisdiction only to rule on the damage caused in the member state within which the court was situated.

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