Damage to the reputation of an Internet merchant: Facebook condemned to delete an account and identify the author of a false profile.
The Referee of the Court of Clermont-Ferrand sentenced FACEBOOK IRELAND to communicate the identification data of the creator of a page in which had been published photos representing premises of a bakery in a deplorable state of cleanliness.
After considering that the process was likely to constitute a manifestly unlawful disturbance with regard to the prejudice that the reproduced photos and comments could have for the trader concerned, the Referee issued an injunction to FACEBOOK IRELAND to delete the false profile that had been created and to communicate the identification data of its creator, all under penalty.
It should be noted that FACEBOOK IRELAND had raised the incompetence of the French courts on the basis of the European regulation of 12 December 2012.
The argument had not been accepted by the Referee since the litigious page written in French was accessible from France, the alleged harmful event thus occurring within the jurisdiction of the French courts and more particularly the Tribunal de Grande Instance of Clermont-Ferrand.