Publication details
Výklad čl. 6 odst. 1 nařízení Brusel I a zneužití práva na žalobu ve světle judikatury ESD
| Title in English | The Interpretation of the Article 6 (1) Brussels I Regulation and the Abuse of Right to Sue in the Light of the ECJ Case Law |
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| Authors | |
| Year of publication | 2007 |
| Type | Article in Proceedings |
| Conference | Dny veřejného práva |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Abuse; Interpretation ; ECJ discretion of a judge; domicile ; general jurisdiction ;special jurisdiction; literal interpretation; systematic interpretation; teleological interpretation; Kalfelis; Reunion; Freeport; General Advocate |
| Description | The paper deals with the problem of jurisdiction in cases of co-defendants domiciled in the EU as provided for by article 6 par. 1 of the Brussels I Regulation. This article enables the plaintiff to sue co-defendants together in the court of the domicile of any of them provided that the claims against are so closely connected that it is expedient to hear and decide them together so as to prevent irreconcilable judgments in separate proceedings. The paper further concentrates on the case Freeport, where the ECJ opened an avenue for the abuse of right to sue in the court of any of co-defendants, having stated that there is no need to examine whether the action was brought with sole intention to oust the jurisdiction of court of any of co-defendants. |