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“www.rainbow.at II”

Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, Art. 5, No. 3; Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, Art. 3(1) and (2); German Constitution, Arts. 1(1), 2(1), 5(1); Act Introducing the Civil Code, Art. 40; Civil Code, Secs. 823(1), 1004(1), second sentence; Telemedia Act, Sec. 3(1) and (2)

  1. a)

    The German courts are in any case internationally competent to decide on claims regarding impairments of personality rights through Internet-accessible publications of a provider with establishment in a different Member State of the European Union if the person who considers his rights infringed has his centre of interests in Germany.

  2. b)

    Section 3 of the Telemedia Act does not contain a rule on conflict of laws, but a substantive prohibition of restrictions.

  3. c)

    On the permissibility of keeping accessible no longer current reports in the section of an Internet site reserved for archival news (online archive) in which a person convicted of a crime is identified by name.

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Decision of the Federal Supreme Court (Bundesgerichtshof) 8 May 2012 – Case No. VI ZR 217/08. “www.rainbow.at II”. IIC 44, 979–989 (2013). https://doi.org/10.1007/s40319-013-0129-z

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