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The EEC Convention on Jurisdiction and Judgments*

Published online by Cambridge University Press:  21 May 2009

P. Vlas
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Extract

On 23 September 1989 Presse Alliance, a company incorporated under French law whose registered office is in Paris, which publishes the newspaper France-Soir, published an article about an operation which drug squad officers of the French police had carried out at one of the bureaux de change operated in Paris by Chequepoint SARL. That article, based on information provided by the agency France Presse, mentioned the company ‘Chequepoint’ and a young woman by the name of ‘Fiona Shevill-Avril’. Chequepoint SARL, a company incorporated under French law whose registered office is in Paris, has operated bureaux de change in France since 1988. It is not alleged to carry on business in England or Wales. Fiona Shevill, a United Kingdom national residing in North Yorkshire (England), was temporarily employed for three months in the summer of 1989 by Chequepoint SARL in Paris. She returned to England on 26 September 1989. On 17 October 1989 the plaintiffs issued a writ in the High Court of England and Wales claiming damages for libel from Presse Alliance in respect of the copies of France-Soir distributed in France and the other European countries including those sold in England and Wales.

Type
The EEC Convention on Jurisdiction and Judgments
Information
Netherlands International Law Review , Volume 42 , Issue 3 , December 1995 , pp. 413 - 428
Copyright
Copyright © T.M.C. Asser Press 1995

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References

1. Art. 1382 of the French Civil Code reads as follows: ‘Tout fait quelconque de I'homme, qui cause à autrui un dommage, oblige celui par lafaute duquel il est arivé, à le réparer’.

2. Art. 162(1) of Book 6 Civil Code reads as follows: ‘A person who commits an unlawful act toward another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof’. In the second paragraph of Art. 162 mention is made of the following acts which are deemed to be unlawful: ‘the violation of a right, an act or omission violating a statutory duty or a rule of unwritten law pertaining to proper social conduct’ (translation taken from Haanappel, and Mackaay, , New Netherlands Civil Code, Patrimonial Law (1990) p. 298).Google Scholar