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Re: Beryl Howell and Alan Davidson
by
Cedric Manara
Dear Susan,
Actually, French courts did not dismiss T. Koogle in the Yahoo! case. There will be hearings next October in Paris.
I copy below the information I posted on the CyberProfs list:
De: MANARA Cedric
Date: mer. 17/03/2004 15:09
À: CyberProfs
Objet: The Yahoo! saga (new episode)
Yahoo's CEO may be sued before a French court, because the firm did not comply to the famous Nov. 20, 2000 order.
The Paris Court of appeal has confirmed today what the court of first instance already ruled: French courts have jurisdiction in such a case.
The court applied the French Criminal Code article L. 113-2:
"French Criminal law is applicable to all offences committed on the territory of the French Republic. An offence is deemed to have been committed on the territory of the French Republic where one of its constituent elements was committed on that territory"
(to read this text in its official translation in English, see http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm).
Criminal charges have been filed against Tim Koogle, CEO of Yahoo! Inc., for "justifying war crimes, crimes against humanity, or crimes of collaborating with the enemy" and "for having deliberately maintained auctions of Nazi objects."
Coverage at http://www.juriscom.net/actu/visu.php?ID=477 (in French, with links to the previous judicial decisions). The judgment will soon be posted at www.juriscom.net
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