Paris court declared Facebook’s jurisdiction clause unfair
Facebook’s Terms of Service attribute exclusive jurisdiction to the Californian Courts in case of litigation with users. However, a French citizen sued Facebook before a French national court after one of his picture was censored and his account suspended.
The Paris court of first instance ruled that article 15 of Facebook’s Terms of Service, which attributes jurisdiction to Californian Courts to the exclusion of every other jurisdiction, is abusive. Unfair clauses being regarded as unwritten in French law, the Paris court of first instance declared itself competent in the case.
In 2012, a Pau court had already ruled the same way in a similar caser. Nevertheless the impact of these decisions remains uncertain
Tags:
Competence, jurisdiction clause, Court of first instance Paris, March 5th 2015, unfair, GCU, social media, Internet, California, Behring
