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Amendments in respect of jurisdiction and their impact on domestic law

icon 29 de junio, 2015
In this analysis I will ignore the amendments to the rules establishing international jurisdiction, which are not substantial and are essentially aimed at «preventing fraudulent or abusive forum shopping» (recital 29), so as to focus on the novel provisions regulating the examination of jurisdiction and jurisdictional grounds for challenge (arts.&nbsp,4-6). Unlike the previous regulation, which was silent on the possibility of reviewing jurisdiction and confined itself in recital 22 to claiming that the «principle of mutual trust» should form the basis on which a jurisdictional (or any such other) dispute should be resolved – whereby «the decision of the first court to open proceedings should be recognized in the other Member States without those Member States having the power to scrutinise the court’s decision» -, the Regulation does provide for the possibility of examining and contesting jurisdiction…

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Autor/es

Faustino Cordón – Consejero Académico

Tipología

Análisis