Supreme Court [Najvyšší súd SR], Civil, BMW v. SK-NIC, 3 Obo 197/06

Document type
Court Decision
Country
The Court rejected a delictual cease and desist claim against the domain authority arguing that it is not liable for registrations carried out by the third parties. The court does not provide extensive explanation for this and neither does it discuss an alternative basis of secondary liability. It can be also argued that this decision is not a good example because the claim that was rejected, although having basis in the delict law, was formulated more as a concrete contractual act that the domain name authority should carry out (withdrawal). Hence the consequences of the decision remain mostly open. see also Huťko´s Technology Law blog post
Country
Year
2007
Topic, claim, or defense
General or Non-Specified
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
DNS Provider
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear