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Leading Internet Case Law

JURISDICTION: Schrems may bring an individual but not a class action in Austria against Facebook Ireland

Maximilian Schrems v. Facebook Ireland Ltd, Court of Justice of the European Union, Case C-498/16, EU:C:2018:37, 25 January 2018

The Court of Justice of the European Union (‘CJEU’) has found that the privacy activist, Maximilian Schrems, can take legal action in Austria against Facebook Ireland Ltd (‘Facebook’) in his own capacity, but not on behalf of others. The CJEU found that Mr Schrems was a ‘consumer’ under Article 15 of the Brussels Regulation (44//2001/EC) (‘Regulation’) and therefore had the right to sue Facebook in the country of his domicile (in this case Austria).

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