Contratti conclusi da consumatori e giurisdizione nell'applicazione del regolamento «Bruxelles I»: il caso Emrek

Translated title of the contribution: [Autom. eng. transl.] Contracts concluded by consumers and jurisdiction in the application of the Brussels I Regulation: the Emrek case

Chiara Marenghi

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The question of jurisdiction in the area of consumer contracts has recently been the subject of several rulings by the Court of Justice of the European Union, repeatedly called by national judges to clarify the scope of the protective discipline dictated by Section 4 of Chapter II of regulation n. . 44/2001 (so-called «Brussels I»), through the interpretation of art. 15, par. 1, lett. c). The contribution analyzes the solution accepted by the Court in the Emrek ruling - adopted on 17 October 2013 - and its impact on the requirements for the application of the special regime in terms of consumption, inserting it in the context of the previous jurisprudence. Furthermore, the consistency of the proposed approach with the objectives pursued by the art. 15, par. 1, lett. c) of the "Brussels I" regulation and its effects on the interpretation of art. 6 of the regulation n. 593/2008 (so-called "Rome I"), which incorporates the formula used in terms of jurisdiction in the matter of applicable law.
Translated title of the contribution[Autom. eng. transl.] Contracts concluded by consumers and jurisdiction in the application of the Brussels I Regulation: the Emrek case
Original languageItalian
Pages (from-to)214-238
Number of pages25
JournalDIRITTO DEL COMMERCIO INTERNAZIONALE
Publication statusPublished - 2014

Keywords

  • Brussels I regulation
  • Consumer contracts
  • Contratti conclusi da consumatori
  • regolamento Bruxelles I

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