Territorial targeting in EU private law

Abstract

In a series of rulings given in the last few years, the Court of Justice of the European Union (EU) has made use of the concept of targeting by a trader of a particular territorial market as a device for determining the scope of European legislation on private law. The concept is of particular importance in the context of trading activities conducted by means of the Internet, though its significance is not confined to such activities. In particular, the European Court has used the concept of targeting for the purpose of restricting the substantive ambit of intellectual property rights created or harmonised by EU legislation. On the other hand, it has avoided use of the concept of targeting in the context of EU legislation allocating jurisdiction between the courts of the Member States, even in respect of disputes involving intellectual property, except where a legislative text specifically invokes such a concept. The instant paper endeavours to review the position as currently established by the European case-law, and to predict the likely further developments.