In what is believed to be the first action of its kind under European law, an Internet business owner has successfully claimed damages from a sender of bulk commercial e-mail.

Nigel Roberts, who runs an Internet business in the Channel Islands, is thought to be the first person in to use EU privacy laws to win damages for receiving spam.

The news was heralded in the British press as possibly the beginning of the end of spam in Europeans’ inboxes. Some even went so far as to claim the decision may help go after American spammers, but did not specify how. The U.S. is thought to be the No. 1 source of unsolicited bulk commercial e-mail in the world.

Roberts wrote a letter complaining to Media Logistics UK—a Scotland-based online direct marketing company—claiming it sent him unsolicited commercial e-mail.

Roberts said he filed a court claim when the company apologized but declined to pay him and failed to comply with his Data Protection Act information access request. The company acknowledged Roberts’ claim, but then did not defend the action, he said, and the judge ruled in his favor, according to reports.

Both parties subsequently agreed that he should receive 270 pounds in compensation—about $467—and 30 pounds—about $52—in costs, the maximum allowed to qualify as a small claim in the UK.

“This case does provide a guideline when it comes to successfully claiming damages from spammers,” said Roberts. “It also shows that wherever they are they can be held responsible for sending spam to anyone living in a British Isles jurisdiction.”

Three years ago the EU passed an anti-spam law—the Directive on Privacy and Electronic Communications—which gave individuals the right to claim damages. Critics of the U.S. Can-Spam Act have said it is toothless since it contains no provision for individuals to sue. However, the FTC reported recently that it alone has brought 21 cases under Can-Spam since it was passed two years ago.

In what is believed to be the first action of its kind under European law, an Internet business owner has successfully claimed damages from a sender of bulk commercial e-mail.

Nigel Roberts, who runs an Internet business in the Channel Islands, is thought to be the first person in to use EU privacy laws to win damages for receiving spam.

The news was heralded yesterday in British press as possibly the beginning of the end of spam in Europeans’ inboxes. Some even went so far as to claim the decision may help go after American spammers, but did not specify how. The U.S. is thought to be the No. 1 source of unsolicited bulk commercial e-mail in the world.

Roberts wrote a letter complaining to Media Logistics UK-a Scotland-based online direct marketer-claiming it sent him unsolicited commercial e-mail. Roberts said he filed a court claim when the company apologized but declined to pay him and failed to comply with his Data Protection Act information access request. The company acknowledged Roberts’ claim, but then did not defend the action, he said, and the judge ruled in his favor, according to reports.

Both parties subsequently agreed that he should receive 270 pounds compensation-about $467-and 30 pounds-about $52-costs, the maximum allowed to qualify as a small claim in the UK.

“This case does provide a guideline when it comes to successfully claiming damages from spammers,” said Roberts. “It also shows that wherever they are they can be held responsible for sending spam to anyone living in a British Isles jurisdiction.”

Three years ago the EU passed an anti-spam law-the Directive on Privacy and Electronic Communications-which gave individuals the right to claim damages. Critics of the U.S. Can-Spam Act have said it is toothless since it contains no provision for individuals to sue. However, the FTC reported recently that it alone has brought 21 cases under Can-Spam since it was passed two years ago.