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ARTICLE · 26 JUNE 2018

Max Schrems vs. Facebook, Or The Pitfalls Of Class Actions

On 25 January 2018, the European Court of Justice (ECJ) at least resolved the question of jurisdiction.

European UnionLitigation, Mediation & Arbitration

The legal proceeding in which Max Schrems is accusing Facebook of data privacy violations in connection with his personal Facebook account and the accounts of seven other Facebook users is pending since 2014. On 25 January 2018, the European Court of Justice (ECJ) at least resolved the question of jurisdiction.

Schrems based the jurisdiction of the Regional Civil Court in Vienna on the Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (EuGVVO). According to this Regulation, a consumer may bring proceedings against an entrepreneur in the courts for the place where the consumer is domiciled. However, Schrems did not just evoke this jurisdiction in respect of his own claims against Facebook, but also for the claims assigned to him by seven additional Facebook users from Austria, Germany and India.

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