| ROHOVÁ, Iveta and David SEHNÁLEK. Determining Jurisdiction (and the Applicable Law) in Cross-Border Unfair Competition and Unfair Commercial Practices Cases. LeXonomica. Maribor: University of Maribor, 2017, vol. 9, No 1, p. 21-49. ISSN 1855-7155. Available from: https://dx.doi.org/10.18690/18557147.9.1.21-49(2017). |
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@article{1386691,
author = {Rohová, Iveta and Sehnálek, David},
article_location = {Maribor},
article_number = {1},
doi = {http://dx.doi.org/10.18690/18557147.9.1.21-49(2017)},
keywords = {unfair competition; unfair commercial practices; cross-border element; private international law; jurisdiction; applicable law; on-line torts in cross-border context},
language = {eng},
issn = {1855-7155},
journal = {LeXonomica},
title = {Determining Jurisdiction (and the Applicable Law) in Cross-Border Unfair Competition and Unfair Commercial Practices Cases},
url = {https://journals.um.si/index.php/lexonomica/article/view/50/45},
volume = {9},
year = {2017}
}
TY - JOUR
ID - 1386691
AU - Rohová, Iveta - Sehnálek, David
PY - 2017
TI - Determining Jurisdiction (and the Applicable Law) in Cross-Border Unfair Competition and Unfair Commercial Practices Cases
JF - LeXonomica
VL - 9
IS - 1
SP - 21-49
EP - 21-49
PB - University of Maribor
SN - 18557155
KW - unfair competition
KW - unfair commercial practices
KW - cross-border element
KW - private international law
KW - jurisdiction
KW - applicable law
KW - on-line torts in cross-border context
UR - https://journals.um.si/index.php/lexonomica/article/view/50/45
L2 - https://journals.um.si/index.php/lexonomica/article/view/50/45
N2 - The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contribute to the development of trade within the EU. Problems that could once be addressed almost exclusively or at least prevailingly at a national level currently assume cross-border character. This is also true in the case of regulation of unfair competition and unfair commercial practices. Whereas the substantive regulation of unfair competition in both EU and domestic law is quite common in scientific literature, its aspects in private international law are often neglected. Since the EU law has to a large extent replaced national conflict-of-law and procedural rules with unified EU provisions, this article focuses on the EU regulations Rome II and Brussels I bis with the emphasis put on the latter. The aim of this article is to review the rules determining jurisdiction (and the applicable law) on the basis of legal doctrine, current legislation and case law of the Court of Justice of the EU. Attention also will be paid to both off-line and on-line situations, as well as to the specifics of consumer protection in the context of unfair competition and unfair commercial practices
ER -
ROHOVÁ, Iveta and David SEHNÁLEK. Determining Jurisdiction (and the Applicable Law) in Cross-Border Unfair Competition and Unfair Commercial Practices Cases. \textit{LeXonomica}. Maribor: University of Maribor, 2017, vol.~9, No~1, p.~21-49. ISSN~1855-7155. Available from: https://dx.doi.org/10.18690/18557147.9.1.21-49(2017).
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