From eDate to Gtflix : reflections on CJEU case law on digital torts under Art. 7(2) of the Brussels Ia regulation, and how to move forward

Abstract

Despite the many judgments, especially over the past decade, the proper application of Art. 7(2) of the Brussels Ia Regulation remains elusive in the context of digital torts. With the ever-increasing uptake of digital technology, and the move to digital activities, the importance of how we deal with digital torts will only continue to intensify. We have come far, but much work remains. In this paper, we seek to not only outline where we are and how we got here, but also point to the issues that are yet to be properly addressed and start canvassing possible solutions. To achieve this, we commence with a brief overview of the case law of the Court of Justice of the European Union (CJEU) on Art. 7(2) of the Brussels Ia Regulation (and its predecessor Art. 5(3) of the Brussels Regulation). [excerpt]