LG Frankfurt; 2020-06-30; 2-03 O 238/20
Decision by national courts in the field of European Union law — ECLI:DE:LGFFM:2020:0630.2.03O238.20.00
Date: 2020-06-30
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82020DE0630(51)_ENG_SUMJURE
JURE summary
JURE summary
A private account user (hereinafter the ‘plaintiff’) applied for issuing a preliminary ruling against a social network domiciled in Ireland (hereinafter the ‘defendant’) demanding that the defendant does not remove and block a post posted by the plaintiff.
The Landgericht Frankfurt am Main (hereinafter ‘the Court of First Instance’), as the court seised, found itself to lack local jurisdiction. The jurisdiction followed from Article 7(2) of the Brussels I Regulation (recast) (1).
The Court of First Instance stated that the plaintiff could pursue his claim either at the place where the harm, i.e. the removal and blocking of the post occurred, which was Berlin in this case, or at the place giving rise to the harm, i.e. in Ireland.
It was not necessary to determine the jurisdiction concerning the possibility of viewing the posts, as the subject matter of the application was not a cease-and-desist order regarding the spreading of the post, but the removal and blocking thereof, which concerned solely the plaintiff.
The fact that the posts of the plaintiff were not available in other countries was solely a direct consequence of the removal and could not create any connection to the Court of First Instance.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.