Activities of Klaus-Heiner LEHNE related to 2009/2170(INI)
Legal basis opinions (0)
Amendments (4)
Amendment 9 #
Motion for a resolution
Annex - Article 5 a – paragraph 1
Annex - Article 5 a – paragraph 1
(1) Without prejudice to Article 4(2) and (3), tThe law applicable to a non-contractual obligation arising out of violations of privacy and rights relating to personality, including defamation, shall be the law of the country where the rights of the person seeking compensation for damage are, or are likely to be, directly and substantially affected. However, the law applicable shall be the law of the country in which the person claimed to be liable is habitually resident if he or she could not reasonably foresee substantial consequences of his or her act occurring in the country designated by the first sentencein which the most significant element or elements of the loss or damage occur or are likely to occur.
Amendment 15 #
Motion for a resolution
Annex – Article 5 a – paragraph 2
Annex – Article 5 a – paragraph 2
(2) When the rights of the person seeking compensation forre the violation is caused by the publication of printed matter or by a broadcast, the country in which the most significant element or elements of the damage are,occur or are likely to be, affected in more than one country, and this person sues in the court of the domicile of the defendant,occur shall be deemed to be the country to which the publication or broadcasting service is principally directed or, if this is not apparent, the country in which editorial control is exercised, and that country's law shall be applicable. The country to which the publication or broadcast is directed shall be determined in particular by the claimant may instead choose to base his or her claim on the law of the court seisednguage of the publication or broadcast or by sales or audience size in a given country as a proportion of total sales or audience size or by a combination of those factors.
Amendment 17 #
Motion for a resolution
Annex - Article 5 a – paragraph 3
Annex - Article 5 a – paragraph 3
(3) The law applicable to the right of reply or equivalent measures and to any preventive measures or prohibitory injunctions against a publisher or broadcaster regarding the content of a publication or broadcast shall be the law of the country in which the broadcaster or publisher has its habitual residence.
Amendment 19 #
Motion for a resolution
Annex – Article 5 a – paragraph 3 a (new)
Annex – Article 5 a – paragraph 3 a (new)
(3a) Paragraph 3 shall also apply to a violation of privacy or of rights relating to personality resulting from the handling of personal data.