PRACTICAL PROBLEMS OF THE APPLICATION OF ARTICLE 8 (1) OF THE BRUSSELS IA REGULATION
PRACTICAL PROBLEMS OF THE APPLICATION OF ARTICLE 8 (1) OF THE BRUSSELS IA REGULATION
Author(s): Remigijus JokubauskasSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Mykolas Romeris University
Keywords: the EU civil procedure law; derived jurisdiction; abuse of the EU law doctrine;
Summary/Abstract: The goal of this article is to analyse the practical problems of the application of Article 8(1) of the Brussels Ia regulation which establishes derived jurisdiction for related claims. Firstly, it focuses on the nature of derived jurisdiction in the EU law. Secondly, it analyses in detail the main elements of this provision (connectedness of claims and irreconcilability of judgments) and the doctrine of the abuse of the EU law. Thirdly, it covers the application of Article 8(1) of the Brussels Ia regulation in cases deriving from infringement of competition, patent and design laws.
Journal: International Comparative Jurisprudence
- Issue Year: 4/2018
- Issue No: 2
- Page Range: 105-116
- Page Count: 12
- Language: English
