Publication details

Mezinárodněprávní aspekty nekalé soutěže a nekalých obchodních praktik v právu Evropské unie

Title in English Unfair Competition and Unfair Commercial Practices and Their Regulation in EU Private International Law
Authors

SEHNÁLEK David

Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
WWW Open access časopisu
Field Law sciences
Keywords Unfair Competition’ Unfair Commercial Practices; Private International Law; Governing Law; Jurisdiction.
Attached files
Description The free movement of goods and the ongoing harmonisation between national substantive law and the European Union law facilitates cross-border transactions. Computerisation of services and intensified use of the Internet also contribute to the development of trade. Problems that could once be addressed almost exclusively or at least prevailingly at a national level are presently assuming an international character. This is true also in case of regulation of unfair competition and unfair commercial practices. This topic is, however, not fully examined in the Czech scientific literature when it comes to its private international law and procedure dimension. Since the EU law has to a large extent replaced national conflict-of-law rules and rules of procedure with unified EU provisions, this article is focused primarily on the EU law regulation, including the case law of the Court of Justice EU. The objective of this article is to identify risks related to the regulation of unfair competition with cross-border implications and to determine the governing law and jurisdiction.
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