A la suite d’un article publié sur internet par une société allemande, un ressortissant polonais, ancien prisonnier d’un camp d’extermination, agit devant une juridiction polonaise contre cette société parce qu’il estime que l’article porte atteinte à ses droits de la personnalité, notamment à son identité et à sa dignité nationale. La société allemande soulève une exception d’incompétence de cette juridiction. La juridiction polonaise de première instance s’estime compétente. La société allemande interjette appel devant la Cour d’appel de Varsovie qui décide de surseoir à statuer et de poser une question préjudicielle à la Cour de Justice.
Selon cette Cour, « La juridiction de renvoi demande, en substance, si l’article 7, point 2, du règlement no 1215/2012 doit être interprété en ce sens que la juridiction du lieu où se trouve le centre des intérêts d’une personne prétendant que ses droits de la personnalité ont été violés par un contenu mis en ligne sur un site Internet n’est compétente pour connaître, au titre de l’intégralité du dommage allégué, d’une action en responsabilité introduite par cette personne que si ce contenu permet d’identifier, directement ou indirectement, ladite personne en tant qu’individu. » Elle y répond positivement dès lors que le « contenu comporte des éléments objectifs et vérifiables permettant d’identifier, directement ou indirectement, ladite personne en tant qu’individu ».
La Cour rappelle notamment que la victime d’une atteinte à un droit de la personnalité au moyen de contenus mis en ligne sur un site Internet a la faculté de saisir d’une action en responsabilité, au titre de l’intégralité du dommage causé, la juridiction du lieu où se trouve le centre de ses intérêts (arrêt du 17 octobre 2017, Bolagsupplysningen et Ilsjan, C‑194/16, EU:C:2017:766, point 32).
Cette solution fondée sur la bonne administration de la justice ne remet pas en cause la prévisibilité les règles de compétence à l’égard du défendeur « étant donné que l’émetteur d’un contenu attentatoire est, au moment de la mise en ligne de ce contenu, en mesure de connaître les centres des intérêts des personnes qui font l’objet de celui-ci, de telle sorte que le critère du centre des intérêts permettait à la fois au demandeur d’identifier facilement la juridiction qu’il peut saisir et au défendeur de prévoir raisonnablement celle devant laquelle il pouvait être attrait (arrêts du 25 octobre 2011, eDate Advertising e.a., C‑509/09 et C‑161/10, EU:C:2011:685, point 50, ainsi que du 17 octobre 2017, Bolagsupplysningen et Ilsjan, C‑194/16, EU:C:2017:766, point 35). »
La Cour de Justice considère ensuite que « …l’attribution à la juridiction du lieu où se trouve le centre des intérêts de cette personne d’une compétence pour connaître, au titre de l’intégralité du dommage allégué, de l’action introduite par celle-ci, lorsque cette dernière n’est ni nommément mentionnée ni indirectement identifiée en tant qu’individu dans ledit contenu, nuirait à la prévisibilité des règles de compétence prévues par le règlement no 1215/2012 et à la sécurité juridique que celui-ci vise à garantir, notamment à l’égard de l’émetteur du contenu concerné ». (CJUE, 17 juin 2021, Mittelbayerischer Verlag KG contre SM,C-800/19).
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