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ARTICLE · 08 APRIL 2025

EU Anti-SLAPP Directive: Public Participants May Claim Compensation For Strategic Litigation Outside EU

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The European Union's Directive 2024/1069 (the "Directive") aims to protect individuals and organizations engaged in public participation (such as NGOs, journalists and academics)...

GlobalLitigation, Mediation & Arbitration
Sion Richards
Sion Richards
Ozan Akyurek
Ozan Akyurek
Antonio Canales
Antonio Canales
Anthony Dick
Anthony Dick
Gerjanne Te Winkel
Gerjanne Te Winkel
Yuri Wehrmeijer
Yuri Wehrmeijer
Nilson Anselmo
Nilson Anselmo
Sid Pepels
Sid Pepels
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In Short

The Directive: The European Union's Directive 2024/1069 (the "Directive") aims to protect individuals and organizations engaged in public participation (such as NGOs, journalists and academics) from strategic lawsuits against public participation ("SLAPPs") through early dismissal mechanisms, cost recovery, and compensation for damages. The Directive permits entities domiciled in the EU to initiate proceedings before European courts to claim damages caused by non-EU entities in SLAPP lawsuits which took place outside the EU.

The Challenge: Non-EU entities may face legal proceedings before European courts in relation to litigation which took place or even still is taking place outside the EU. This introduces new considerations for strategies in cross-border litigation.

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