CELEX: 62020CN0251
Language: en
Date: 2020-06-10 00:00:00
Title: Case C-251/20: Request for a preliminary ruling from the Cour de cassation (France) lodged on 10 June 2020 — Gtflix Tv v DR

7.9.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/28
            
         
      Request for a preliminary ruling from the Cour de cassation (France) lodged on 10 June 2020 — Gtflix Tv v DR
      (Case C-251/20)
      (2020/C 297/38)
      Language of the case: French
      
         Referring court
      
      Cour de cassation
      
         Parties to the main proceedings
      
      
         Applicant: Gtflix Tv
      
         Defendant: DR
      
         Question referred
      
      Must Article 7(2) of Regulation (EU) No 1215/2012 (1) be interpreted as meaning that a person who, considering that his or her rights have been infringed by the dissemination of derogatory comments on the internet, brings proceedings not only for the rectification of information and the removal of content but also for compensation for the resulting non-material and material damage, may claim, before the courts of each Member State in the territory of which content published online is or was accessible, compensation for the damage caused in the territory of that Member State, in accordance with the judgment in eDate Advertising (paragraphs 51 and 52) [judgment of the Court of 25 October 2011, Joined Cases C-509/09 and C-161/10], or whether, pursuant to the judgment in Svensk Handel (paragraph 48) [judgment of the Court of 17 October 2017, Case C-194/16], that person must make the application for compensation before the court with jurisdiction to order rectification of the information and removal of the derogatory comments?
      
         (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 (OJ 2012 L 351, p. 1).