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Article 809 of the New Code of Civil Procedure entitles a judge sitting in urgent matters, called an "emergency" judge, to take any precautionary or reparatory measures that may be necessary, particularly in order to prevent the imminent occurrence of damage. On the basis of this, a number of individuals applied to the judge sitting in urgent matters in Paris to request a pre-viewing of a report that was to be broadcast that evening and which they believed would infringe their personal rights as to their character. The report at issue, concerning arms dealers, showed the police search of their...

In a ruling of 3 March 2006, the Oberlandesgericht Frankfurt (Frankfurt Court of Appeal) banned the screening of the cinema film with the German title "Rohtenburg" following an appeal for a temporary injunction. The film had been due to be premiered on 9 March 2006. The film "Rohtenburg" (English title: "Butterfly - a Grimm Love Story"), which was described by its distributors as "a real-life horror film that could hardly be more intense and gets under your skin in the truest sense of the word", tells the story of a psychology student who writes a thesis on a homosexual cannibal and researches...

15 September 2007 was no ordinary date for matters relating to privacy. Indeed, it was the deadline to be observed by Member States for complying with the provisions of Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. This document is preceded by two legal instruments relating to the same field: the first is Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the second...

The television channels France 3 and Arte are currently making a six-part docu-fiction covering the criminal case of the murder in 1984 of "little Grégory" that took on an exceptional dimension and earned substantial media coverage at the time. One of the parties in the case (a witness) has submitted the matter to the Regional Court of Paris under the urgent procedure. On the basis of Articles 809 of the New Code of Civil Procedure (urgent matters) and 9 of the Civil Code (privacy), the party concerned called for a ban on showing the series or, in the alternative and in a more original fashion,...

On November 25 2005, the Dutch Supreme Court delivered its judgment in the dispute between the Internet Service Provider (ISP) Lycos and Pessers. Pessers sells stamps using the website www.ebay.com. On a website carrying the title "Stop the fraud", which is hosted by Lycos, Pessers is called a swindler. Pessers’ attempt to contact the holder of the insulting website through an address mentioned on its webpage failed, but he also contacted Lycos requesting the website be removed and the name and address of its holder revealed. Lycos refused to provide those details. Pessers argued that Lycos should...