focalisation in a sentence

1. It still needs to be established whether the focalisation criterion should be applied in the case of an act of public communication, giving rise to ‘delocalised’ damage, which is clearly and indisputably directed to another Member State.

2. Admittedly, that paragraph of the Pinckney judgment is open to some interpretation, (21) but it seems to me that it clearly follows from the wording that it was the Court’s intention to exclude the focalisation criterion from the interpretation of Article 5(3) of Regulation No 44/2001.