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Case C-278/09: Order of the Court of 20 November 2009 (reference for a preliminary ruling from the Tribunal de grande instance de Paris — France) — Olivier Martinez, Robert Martinez v Société MGN LIMITED (Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — National Court not eligible to refer questions to the Court of Justice for preliminary ruling for the purposes of Article 68(1) EC — Court’s lack of jurisdiction)
ECLI:EU:UNKNOWN:62009CB0278
62009CB0278
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30.1.2010
Official Journal of the European Union
C 24/18
(Case C-278/09)
(Regulation (EC) No 44/2001 - Jurisdiction in civil and commercial matters - National Court not eligible to refer questions to the Court of Justice for preliminary ruling for the purposes of Article 68(1) EC - Court’s lack of jurisdiction)
2010/C 24/30
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Olivier Martinez, Robert Martinez
Defendant: Société MGN LIMITED
Re:
Reference for a preliminary ruling — Tribunal de grande instance de Paris — Interpretation of Articles 2 and 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 (OJ L 12 of 16.1.2001, p. 1) — Competent jurisdiction for the resolution of an action for infringement of privacy and the right of personal portrayal, following the placing online of information and photographs on an internet site disseminated from a server housed in the territory of a Member State other than that in which the plaintiff is domiciled — Determination of the place where the event which gave rise to the damage occurred — Relevance, in order to determine the place, of the number of connections to the internet page at issue effected from the Member State in which the plaintiff is domiciled, the nationality of the plaintiff and, where appropriate, the language in which the information was disseminated
Operative part
The Court of Justice of the European Communities has no jurisdiction to answer the question referred by the Tribunal de grande instance de Paris in Case C 278/09.
* * *
(1) OJ C 220 of 12.09.2009