BOLAGSUPPLYSNINGEN OÜ VE eDATE AND MARTINEZ KARARLARI IŞIĞINDA BRÜKSEL Ia TÜZÜĞÜ UYARINCA KİŞİLİK HAKKININ İNTERNET ORTAMINDAN İHLÂLİNDE MİLLETLERARASI YETKİLİ MAHKEME

Abstract

The internet is a system that allows data to spread everywhere and be accessible from anywhere. In this sense, it is getting harder and harder to protect the values that constitute the right of personality in the internet. As the rate of spread of data on the internet increases, the types and number of violations of personal rights on the internet also increase. This raises the question of which court has the international jurisdiction in case of the violation of personal right on the internet. The Court of Justice of the European Union (ECJ) has recently made two decisions on this controversial issue. This article presents and analyses the judgment of the Grand Chamber of the EU Court of Justice of 25 October 2011 in the cases of eDate and Martinez and 17 September 2017 in the cases of Bolagsupplysningen OÜ which reflecting the views of the Court of Justice of the European Union regarding the application of EU jurisdictional rules (Brussels Ia Regulation) to disputes arising out of alleged violations of personality rights on the internet.