Comparative study on the situation in the 27 Member States as regards the law applicable to non-contractual obligations arising out of violations of privacy and rights relating to personality. Final Report
| Year of publication: |
2009-02-01
|
|---|---|
| Institutions: | Europäische Kommission / Generaldirektion Justiz und Inneres |
| Subject: | EU | Persönlichkeit | personality | Privatsphäre | privacy | Recht | law |
- ACKNOWLEDGEMENTS
- 1 EXECUTIVE SUMMARY
- 2 FRAMEWORK OF THE STUDY
- 2.1 CONTEXTUAL FRAMEWORK
- 2.2 THE LEGAL BACKGROUND
- 2.2.1 Introduction
- 2.2.2 International Legal Jurisdiction. Regulation 44/2001
- 2.2.3 Applicable law
- 2.2.4 An ex-ante look at the problems of which rules of law apply
- 3 STUDY METHODOLOGY
- 3.1 METHODOLOGY
- 3.1.1 Introduction
- 3.1.2 Methodological summary
- 3.1.3 The timing
- 3.1.4 The Results
- 3.1.4.1 Distribution of answers
- 3.1.4.2 Information-gathering procedure
- 3.1.5 Interactions with Media and Press Associations
- 3.2 THE TEAM FOR THE STUDY
- 4 STUDY FINDINGS
- 4.1 ‘CURRENT INTERESTS’: PERSONALITY RIGHTS VERSUS FREEDOM OF EXPRESSION
- 4.2 COMPARED VISION OF THE PERSONALITY RIGHTS OF THE MEMBER STATES OF THE EU (SUBSTANTIVE FORMATIVE REGULATION IN THE LEGAL SYSTEMS OF THE MEMBER STATES)
- 4.3 THE GRADUAL HARMONISATION/UNIFICATION OF NON-CONTRACTUAL OBLIGATIONS IN THE EUROPEAN UNION
- 4.4 EUROPEAN PRIVACY LAW AND ALLEGED INFRINGEMENTS OF PERSONALITY RIGHTS
- 4.4.1 International judicial competence of the courts of the Member States
- 4.4.1.1 Substantive scope of the jurisdiction of special competence
- 4.4.1.2 Autonomous concept of criminal or quasi-criminal subject matter of Article 5.3. R 44/2001
- 4.4.1.3 Legal qualification of the place where the damaging act occurs or could occur and illicit acts against private life
- 4.4.2 The law applying to non-contractual obligations deriving from acts against personality rights. The conventional European and Community rules in the area of non-contractual civil liability
- 4.4.2.1 Agreement 108 of the Council of Europe
- 4.4.2.2 Directive 95/46/EEC
- 4.4.2.3 Rome II Regulation
- 4.4.2.4 Exclusion of defamation from Rome II
- i. Legislative proposals prior to the adoption of Rome II
- ii. The end result: exclusion of the issue
- 4.5 COMPARATIVE ANALYSIS OF THE CONFLICT-OF-LAW RULES IN THE NATIONAL LAW OF EU MEMBER STATES
- 4.5.1 An overview
- 4.5.2 General rules
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