Consumer Protection in the Brussels I Recast and its Interface with Third States

• Autores: Tobias Bachmeier
• Localización: European law review, ISSN 0307-5400, Nº 6, 2019, págs. 841-854
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • The principle of judicial comity is an essential yardstick in matters of international jurisdiction. Within unilateral jurisdictional systems, however, sovereign states tend to be cautious when reconsidering judicial comity. Nevertheless, strong comity within such systems can mean that different unilateral systems—at least to some extent—de facto intertwine, enhancing the proper functioning of each unilateral system in the international sphere. Since the territorial scope of consumer protection provisions has been broadened in the Brussels I Recast, this Regulation increasingly intervenes with third-state jurisdictional systems in matters of consumer protection. This gives rise to the question of whether the principle of comity has been properly respected in the Brussels I Recast. This question is addressed in this article from the perspective of consumer protection in the Brussels I Recast and its interface with third states.