Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

French Court Declines Jurisdiction in Libel Case over Book Review

March 4, 2011/1 Comment/in /by Gilles Cuniberti
image_pdfimage_print

Yesterday, a Paris criminal court declined jurisdiction over the proceedings initiated against Joseph Weiler for a book review published on his website (original judgment available here, Weiler offers translation of part of it here).

We had reported earlier on this case: an Israel based scholar had initiated criminal libel proceedings in France against Weiler, a U.S based law professor, for the online review of her book by the Dean of Cologne law school.

Jurisdiction

The court settled the case on jurisdiction. It held that no evidence had been provided that the site was accessible and actually consulted in France within 3 months of the publication of the book review. 3 months was the time period within which criminal libel proceedings can be prosecuted under French law. The “plaintiff” had only provided evidence of the accessibility of the site more than 110 days after such date. 

Abuse of Right

The court then moved on to entertain Weiler’s counter claim. Weiler had filed a counter tort action for abuse of the right to sue.

The court found that there had been such abuse. First, the “plaintiff” had explained that she had sued in France because it was cheaper, and because the claim had no chance of being successful anywhere else. The court held that this was forum shopping. Secondly, the court found that the plaintiff should have known that she had no chance on the merits. Importantly, the court held the review, which was moderate, expressed a scientific opinion.

Weiler had asked for € 10,000 in damages. He got € 8,000.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Gilles Cuniberti https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Gilles Cuniberti2011-03-04 08:30:282011-03-04 09:07:04French Court Declines Jurisdiction in Libel Case over Book Review
1 reply

Comments are closed.

Categories

  • Views
  • News

Most Recent Posts

  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
  • Judgment Mobility Rules in India’s Private International Law Regime: No place for a revision au fond? June 26, 2026
  • Nothing to See Here: The CJEU’s Decision in Case C-232/25 Idzinski June 18, 2026
  • Refusal to Enforce in Egypt of a Californian (U.S.) Judgment for Lack of Reciprocity: What Has Gotten into the Egyptian Supreme Court? June 15, 2026
  • PRC Double Interest neither Double nor Penal: Australian Courts Clear Its Name When Enforcing Chinese Judgments June 10, 2026
  • The AIFC Court, Gazprom v Naftogaz and the Emergence of a New Conduit Jurisdiction Debate June 6, 2026
Link to: Ringe and Hellgardt on Issuer Liability Link to: Ringe and Hellgardt on Issuer Liability Ringe and Hellgardt on Issuer Liability Link to: Private International Law Seminar, Madrid 2011 Link to: Private International Law Seminar, Madrid 2011 Private International Law Seminar, Madrid 2011
Scroll to top Scroll to top Scroll to top