3 Amendments of Françoise CASTEX related to 2009/2140(INI)
Amendment 8 #
Motion for a resolution
Recital L
Recital L
L. whereas, as regards rights of the personality, the media complain that the internet, in particular, and the readiness of the courts in certain Member States to accept jurisdiction, creates problems for the media because of the ruling in Shevill;current rules on jurisdiction and applicable law, which give claimants much scope for "forum shopping" and "law shopping", have a chilling effect on freedom of expression and may jeopardise the cross-border distribution of the media, particularly via the Internet, whereas this problem will be considered specifically in a legislative initiative on the Rome II Regulation;, whereas, nevertheless, some guidance may be given to national courts in the amended regulation,
Amendment 22 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that authentic instruments should not be directly enforceable without the possibility of review by the judicial authorities in the State in which enforcement is sought; takes the view that the special review procedure to be introduced should not be limited to cases whe when they have been declared enforcement of the instrument is manifestly contrary to public policy in the State addressed since it is possible to conceive of circumstances in which an authentic act could be irreconcilable with an earlier judgment and the validity (as opposed to the authenticity) of an authentic act can be challenged in the courts of the State of origin on grounds of mistake, misrepresentation, etc. even durable in the State of origin; nevertheless, the parties concerned should keep the possibility of opposing their enforceability before the judicial bodies of the country of destination only where enforcement of the instrument is manifestly contrary to public order ing the course of enforcementState addressed;
Amendment 48 #
Motion for a resolution
Paragraphe 20
Paragraphe 20
20. EndorStresses the rule inneed of an evolution of Shevill; considers, however, that, in order to mitigate the alleged tendency of courts in certain jurisdictions to accept territorial jurisdiction where there is only a weak connection with the country in which the action is brought, a recital should be added to clarify that, in principle, the courts of that country should accept jurisdiction only where there is a sufficient, substantial or significant link with that country; considers that this would be sufficiently protective of freedom of expression, the right to a private life and the right to one's good reputation;