Determination of jurisdiction in Cross-Border unfair competition in the Internet environment of European countries
Abstract
The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contributes to the development of trade within the EU.
The rules for determining jurisdiction or, more precisely, for determining national courts of a particular Member State that are competent to settle civil and commercial disputes having cross - border dimension are contained in Brussels I bis Regulation. The procedural regulation does not comprise any special and explicit provision on jurisdiction regarding acts of unfair competition.
On the other hand, this subject-matter has not been expressly excluded from the material scope of Brussels I bis Regulation. Due to the relatively general nature of the notions typical for the procedural norms set out in Brussels I bis Regulation the case law of the Court of Justice of the European Union and interpretation provided therein plays a pivotal role.
The aim of this article is to review the rules determining jurisdiction on the basis of the current legislation and case law of the Court of Justice of the European Union in matters of unfair competition.