Publication details
Hranice mezi kvalifikací žalob ze smlouvy a z deliktu pro účely alternativních jurisdikčních pravidel bruselského systému
| Title in English | The Boundary Between the Characterization of Actions in Contract and in Tort for the Purposes of the Alternative Jurisdictional Rules of the Brussels System |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Bulletin advokacie |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Characterization; Boundary; Alternative Jurisdiction; Contract; Tort |
| Description | The present paper is a response to the decision of the Court of Justice of the EU in the Wikingerhof case (C-59/19). This decision represents another contribution to the case law which has addressed the issue of finding the line of characterization between actions in contract and in tort for the purposes of the so-called special jurisdiction rules of the Brussels system, where the alleged conduct can be assessed as a breach of a contractual obligation and at the same time as a breach of a legal obligation. It is this decision that has clarified some of the interpretative problems arising from the unclear conclusions of earlier case law and has thus made a valuable contribution to the Court’s quest for legal certainty at the stage of determining international jurisdiction in civil and commercial matters. |