PRACTICAL PROBLEMS OF THE APPLICATION OF ARTICLE 8 (1) OF THE BRUSSELS IA REGULATION

Remigijus Jokubauskas

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.

Keywords


the EU civil procedure law, derived jurisdiction, abuse of the EU law doctrine

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DOI: https://doi.org/10.13165/j.icj.2018.12.004

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