• 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