The CJEU’s Martinez/eDate judgment (C-509/09 and C-161/10, 25 October 2011) is another significant decision on cross-border internet liability. In December last year we had Pammer/Alpenhof, which provided much needed guidance on what constitutes cross-border targeting of online activities under the consumer contract provisions of the Brussels Jurisdiction Regulation. Now the Court has turned its attention to cross-border tort liability, in two joined cases that raise questions under both the Jurisdiction Regulation and the Electronic Commerce Directive The eDate case involved a claim for violation of personality right, the Martinez case infringement of privacy. eDate was an Austrian company sued in Germany over statements on its Austrian website. Martinez sued the English publisher MGN in France, over a publication on its English Sunday Mirror website. The most heavily reported aspect of the judgment has been that on jurisdiction. I will start at the other end, with an aspect that didn’t even make it into the Court’s press release – and yet which has equally far-reaching implications. This concerns the scope of the country of origin and internal market clauses of the Electronic Commerce Directive. These are powerful, often overlooked, provisions which can require a court to disapply a Member State’s otherwise applicable local law. Some have argued that it is at best unclear whether these clauses apply only to restrictions of a public law or regulatory nature, or can also include disputes over private rights. The judgment confirms that these clauses do apply to private rights.