Publication details

Experience with the Application of Article 5(1) of Brussels I Regulation before Czech Courts

Authors

DRLIČKOVÁ Klára

Year of publication 2014
Type Article in Proceedings
Conference Proceedings of the 2nd International Conference on European Integration 2014
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Brussels I Regulation; Article 5(1); Contracts; Czech Courts
Description Free movement of goods, persons and services existing in the EU is mostly realized on the basis of cross-border contracts. With the number of such contracts raises also the number of possible disputes. Brussels I Regulation is the core stone of judicial cooperation in civil matters between the Member States. Czech courts are obliged to apply Brussels I Regulation from 1 May 2004. One of the most often applied provisions of Brussels I Regulation is the Article 5(1) containing the rule of jurisdiction in matters relating to contracts. This Article has been also often interpreted by the Court of Justice. The aim of this paper is to analyze selected decisions of Czech courts applying the Article 5(1). The paper tries to verify the hypothesis that in applying the Article 5(1) Czech courts largely follow the case law of the Court of Justice.

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