Mincione v Gedi Gruppo Editoriale SPA [2022] EWCA Civ 557 (29 April 2022)

Mincione v Gedi Gruppo Editoriale SPA [2022] EWCA Civ 557 (29 April 2022)

A court seised on the mosaic basis under Article 7(2) of the Recast Brussels Regulation has jurisdiction to grant a domestic internet injunction limited to its own territory, but only if the remedy does not have extraterritorial effect. In this case, due to technical limitations, any injunction would inevitably...

Source-derived case information.

Citation
[2022] EWCA Civ 557
Parties
Claimant/appellant: Raffaele Mincione; Defendant/respondent: GEDI Gruppo Editoriale S.p.A
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Appeal (civil Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Jurisdiction Under Brussels Regulation, Internet Publication, Injunctive Relief, Section 12 Defamation Act 2013, Mosaic Approach to Jurisdiction
Defamation Private International Law Media Law Jurisdiction Under Brussels Regulation Internet Publication Injunctive Relief Section 12 Defamation Act 2013 Mosaic Approach to Jurisdiction

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Parties

Raffaele Mincione

Claimant/appellant

GEDI Gruppo Editoriale S.p.A

Defendant/respondent

Procedural Posture

Appeal (civil Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Does Article 7(2) of the Recast Brussels Regulation confer jurisdiction to grant a domestic internet injunction and a section 12 order for publication of a summary judgment?
  2. 2 Can the English court grant injunctive relief limited to England and Wales for internet publications by a foreign defendant?
  3. 3 Does the court have jurisdiction where the practical effect of an injunction would be extraterritorial?

Ratio Decidendi

A court seised on the mosaic basis under Article 7(2) of the Recast Brussels Regulation has jurisdiction to grant a domestic internet injunction limited to its own territory, but only if the remedy does not have extraterritorial effect. In this case, due to technical limitations, any injunction would inevitably affect publication outside England and Wales, so the court lacks jurisdiction to grant the relief sought.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the court has no jurisdiction to hear and determine the claimant's claim for injunctive relief preventing publication in England and Wales of online statements.
  • Declaration that the court has no jurisdiction to order publication of a summary of the judgment on the internet under section 12 of the Defamation Act 2013.