05/02/2020 62016CJ0498  ‘The provisions of this Section may be departed from only by an agreement: 1. which is entered into after the dispute has arisen; or 2. which allows the consumer to bring proceedings in courts other than those indicated in this Section; or 3. which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which confers jurisdiction on the courts of that Member State, provided that such an agreement is not contrary to the law of that Member State.’ Regulation (EU) No 1215/2012 9 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1) repealed Regulation No 44/2001. However, according to Article 66(1) of Regulation No 1215/2012, that regulation is to apply only to legal proceedings instituted on or after 10 January 2015. The dispute in the main proceedings and the questions referred for a preliminary ruling 10 Mr Schrems has been a user of the social network Facebook since 2008. Initially, he used that social network only for personal purposes under a false name. Since 2010, he has been using a Facebook account solely for his private activities such as exchanging photos, chatting, and posting with approximately 250 Friends. In that account he writes his name using the Cyrillic alphabet in order to prevent any searches under his name. In addition, since 2011, he has opened a Facebook page registered and established by him, in order to report to internet users on his legal proceedings against Facebook Ireland, his lectures, his participation in panel debates and his media appearances, as well as to call for the donation of funds and to publicise his books. 11 From August 2011, Mr Schrems lodged before the Irish Data Protection Commissioner 23 complaints against Facebook Ireland, one of which gave rise to a reference for a preliminary ruling before the Court (judgment of 6 October 2015, Schrems, C-362/14, EU:C:2015:650). 12 Mr Schrems has published two books on his legal proceedings against alleged infringements of data protection, has given lectures, some of which were remunerated, in particular with professionals, has registered a number of internet websites such as blogs, online petitions as well as crowdfunding sites to finance legal proceedings against the defendant in the main proceedings. Furthermore, he has founded an association which seeks to uphold the fundamental right to data protection, has received various prizes and has had assigned to him, by more than 25000 people worldwide, claims to be brought in the present case. 13 The association founded by Mr Schrems and seeking to enforce data protection is a non-profit organisation, the purpose of which is to seek to uphold the fundamental right to data protection, to provide the required associated work on communication and the media and on policy clarification. Its objective is to provide financial support for test cases of public interest brought against undertakings which potentially endanger that fundamental right. The necessary costs are also funded and the corresponding donations gathered, administered and distributed. 14 Mr Schrems claims, in essence, that the defendant has committed numerous infringements of data protection provisions, inter alia provisions of the Datenschutzgesetz 2000 (Austrian Law of 2000 on data protection), of the Irish Data Protection Act 1988, or of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31). 15 Mr Schrems brought an action before the Landesgericht für Zivilrechtssachen Wien (Regional Civil Court, Vienna, Austria), seeking, first, comprehensive declarations of the status of the defendant in the main proceedings as a mere service provider and of its duty to comply with instructions or of its status as an employer, where the processing of data is carried out for its own file:///Users/nerissa/Downloads/Columbia CSV/Schrems v Facebook Ireland.htm 3/8