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Defamation

Brandon Schwartz made this access to documents request to Court of Justice of the European Union Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

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Dear Court of Justice of the European Union,

Under European Union law, can a court in France exercise personal jurisdiction over an American attorney located in the United States of America for insulting a person residing in France through Twitter? At all relevant times, the American attorney was within the United States.

Yours faithfully,

Brandon Schwartz

Registry ECJ, Court of Justice of the European Union

Dear Sir,

 

In reply to your email, the Registry of the Court of Justice regrets to
inform you that the Court of Justice of the European Union is not in a
position to take any action concerning your request.

 

Although the Registry appreciates your concerns over the issues raised, we
would like to point out that we are not in a position to give legal
advice. We can, however, provide you with some information about the
jurisdiction and the work of the Court.

 

The Court of Justice ensures that in the interpretation and application of
the Treaties the law is observed. The interpretation and application of
provisions of the national law of the Member States do not fall within its
jurisdiction. The Court, moreover, is not a court of appeal from the
national courts, and it can neither set aside nor vary their decisions.
Nor can it deal with complaints relating to violations of the European
Convention on Human Rights by the authorities of the signatory States; the
Court of Justice is not to be confused with the European Court of Human
Rights (see the latter’s website: [1]www.echr.coe.int).

 

Disputes with Member States or their authorities, or between private
persons, fall within the exclusive jurisdiction of the national courts.
This is so even where questions relating to EU law are concerned. A court
of a Member State may, if it considers it necessary to do so, refer
questions concerning the validity or interpretation of EU law to the Court
of Justice for a preliminary ruling, but the parties themselves cannot do
so.

 

Moreover, the Court of Justice does not have the jurisdiction to issue
advisory opinions or interpretations of the EU legislation at the request
of private or legal persons.

 

In addition, private persons may bring proceedings against an EU
institution – but not a Member State or a private or legal person – only
before the General Court of the European Union and not before the Court of
Justice. In such proceedings, representation by a lawyer entitled to
practise in a Member State is compulsory.

 

In so far as your request could be construed as a request for information,
note that the Court of Justice does not fall under the institutions
covered by Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament,
Council and Commission documents. In this regard, we would like to draw
your attention, first, to the fact that access to documents held by the
Court of Justice in the exercise of its administrative functions is
subject to the Decision of 26 November 2019 of the Court, which you can
find together with all the relevant information on the internet
([2]https://curia.europa.eu/jcms/jcms/P_1848... Second, as for
access to documents held by the Cour of Justice of the European Union in
the exercise of its judicial function, we need to point out that it is the
practice of the Court to treat all procedural documents as confidential
and not to allow access to such documents to persons who are not a party
to the case.

 

Procedural documents may only become accessible 30 years after the case
has been closed, provided that the conditions laid down in the rules on
the Historical Archives of the European Union are met, and without
prejudice to an individual assessment of each request. For further
information, please refer to our website:
[3]https://curia.europa.eu/jcms/jcms/P_1848...

 

In the light of the above, it does not appear to be possible for any
action to be taken concerning your email. It is, however, open to you to
consult a lawyer.

 

For further information concerning the jurisdiction and the work of the
Court, please visit the Court’s website at: [4]www.curia.europa.eu.

 

       Registry of the Court of Justice

 

 

The institutions, bodies, offices and agencies of the European Union
process personal data in accordance with Regulation (EU) 2018/1725 (OJ
2018 L 295, p. 39). Your data have been processed by the Court Registry
([5][email address]) for the purpose of replying to your
application. A copy of this reply will be kept by the Registry for two
years. For further information, please consult the Court’s website
([6]https://curia.europa.eu/jcms/jcms/a1_109...).

 

 

 

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We don't know whether the most recent response to this request contains information or not – if you are Brandon Schwartz please sign in and let everyone know.