## Facts

- A French publisher printed an article in a daily newspaper in France about a drug-trafficking investigation involving a currency-exchange business.
- The article referred to “Chequepoint” and named Fiona Shevill, a United Kingdom resident, allegedly associating the plaintiffs with drug trafficking and money laundering.
- The newspaper’s main distribution was in France, but some copies were sold in other Contracting States, including the United Kingdom.
- The plaintiffs sued the publisher for defamation damages in England, relying on Article 5(3) of the 1968 Brussels Convention (special jurisdiction for tort at the “place where the harmful event occurred”).
- The national proceedings were stayed, and questions were referred for a preliminary ruling on jurisdiction only.

## Issues

1. Under Article 5(3) of the Brussels Convention, how is the “place where the harmful event occurred” determined for allegedly defamatory newspaper content published in one Contracting State and distributed in others?
2. If suit may be brought where the publication is distributed, may the claimant recover all damages there, or only damages attributable to harm within that forum State?

## Decision

- The court held that “place where the harmful event occurred” includes both (i) the place of the event giving rise to the damage and (ii) the place where the damage occurred.
- The “event giving rise to the damage” is the place where the publisher is established; courts there have jurisdiction to award damages for all harm caused by the defamation.
- The “place where the damage occurred” includes each Contracting State where the publication was distributed and where reputational injury is claimed; courts there have jurisdiction only for harm suffered within that State.

## Legal Principles

- Article 5(3) confers special jurisdiction based on a close connection between the dispute and the forum, supporting efficient proceedings and sound administration of justice.
- In multi-State newspaper defamation, the claimant may choose between:
  - suing in the courts where the publisher is established (single forum; global damages), or
  - suing in the courts of each State of distribution where reputational harm is alleged (multiple fora; territorially limited damages).
- A distribution-State court’s jurisdiction is limited to local injury to reputation and cannot extend to damages suffered in other States.
- Evaluation of defamatory character and proof of harm are generally governed by the forum’s conflict-of-laws rules, but those rules must not defeat the uniform operation of the Convention’s jurisdictional scheme.

## Conclusion

In cross-border defamation by printed press, Article 5(3) allows suit either where the publisher is established for recovery of all damages, or in each State of distribution for recovery limited to harm within that State, preventing global damages awards in fora connected only by local circulation.


Shevill v. Presse Alliance S.A., Case C-68/93, 1995 E.C.R. I-415 (ECJ 1995)