LICRA v. Yahoo!

Ligue contre le racisme et l'antisémitisme et Union des étudiants juifs de France c. Yahoo! Inc. et Société Yahoo! France (LICRA v. Yahoo!) is a French court case decided by the High Court (Tribunal de grande instance) of Paris in 2000. The case concerned the sale of memorabilia from the Nazi period by Internet auction and the application of national laws to the Internet. Some observers have claimed that the judgement creates a universal competence for French courts to decide Internet cases.

A related case before the United States courts concerning the enforcement of the French judgement reached the 9th US Circuit Court of Appeals, where a majority of the judges ruled to dismiss Yahoo!'s appeal.

Criminal proceedings were also brought in the French courts against Yahoo!, Inc. and its then president Timothy Koogle; the defendants were acquitted on all charges, a verdict that was upheld on appeal.

LICRA complained that Yahoo! were allowing their online auction service to be used for the sale of memorabilia from the Nazi period, contrary to Article R645-1 of the French Criminal Code ( (French)). These facts were not contested during the case.

The defense rested on the fact that these auctions were conducted under the jurisdiction of the United States. It was claimed that there were no technical means to prevent French residents from participating in these auctions, at least without placing the company in financial difficulty and compromising the existence of the Internet.

The defendants noted

As such, they contended that the French court was incompetent to hear the case.

Article R645-1 of the French Criminal Code prohibits to “wear or exhibit” in public uniforms, insignias and emblems which “recall those used” by

Display is allowed for the purposes of films, theatrical productions and historical exhibitions.

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