Lawyer, Vol. 52 No. 104, 2018.
Professional paper
Consumer in the World of Social Networks: Presentation and Commentary on the Case Maximilian Schrems v Facebook Ireland Limited Before the Court of Justice of the European Union
Ivana Živković
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
The paper elaborates the case of Maximilian Schrems, an Austrian jurist who initiated a civil proceeding against Facebook Ireland Limited claiming that Facebook violated his rights to privacy and personal data protection. The action was brought before the Regional Civil Court in Vienna, the city of Schrems' domicile. The author presents and analyses the judgment of the Court of Justice of the European Union given in the January of 2018 as a result of the Austrian Supreme Court referring questions for a preliminary ruling. The Supreme Court was interested to know whether the Facebook user loses the status of cosumer if they publish books, give lectures and perform similar activities for commercial purposes in connection with their claims against Facebook. The same court also raised a question whether it is allowed for the claims that were ceded to one consumer to be brought before the court of domicile of that consumer, in the situation where the cedents (who themselves are consumers) are domiciled in the same member state, another member state or in a third country. The paper introduces the facts of the case, relevant national and european legal frame, the course of the proceeding before the Court and the approach that the Court eventually took. Throughout the paper, the author gives her opinions on the matter and highlights the importance of the viewpoints expressed in the judgment and in the opinion of Advocate General Bobek.
Keywords
Court of Justice of the European Union; consumer; Facebook; Schrems
Hrčak ID:
213964
URI
Publication date:
27.12.2018.
Visits: 998 *