ALERTS: DISTRIBUTION - SELECTIVE DISTRIBUTION - JURISDICTION

Jurisdiction: The French Supreme Court specifies that in the case of unlawful acts committed from foreign websites, the forum delicti lies in the ability or not to produce the alleged damage in France (Samsung Electronics)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. International jurisdiction and violation of off-network resale prohibitions* By this judgment under commentary, the Court of Cassation draws the lessons from the judgment that the CJEU had given on its preliminary question on 21 December 2016, concerning the implementation in the context of selective distribution of the forum in tort of Article 5.3° of the "Brussels 1" Regulation No. 44/2001 (now Article 7.2° of the "Brussels 1 bis " Regulation No. 1215/2012). This article, which provides a special rule of jurisdiction that is intended to apply where the defendant is domiciled in an EU Member State, allows the plaintiff to sue the defendant in a Member State

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Frédéric Leclerc, Jurisdiction: The French Supreme Court specifies that in the case of unlawful acts committed from foreign websites, the forum delicti lies in the ability or not to produce the alleged damage in France (Samsung Electronics), 5 July 2017, Concurrences N° 4-2017, Art. N° 103724, www.concurrences.com

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