[Autom. eng. transl.] 1. The articulation of the forum of contractual matters covered by Regulation (EC) no. 44/2001 according to the jurisprudence of the Court of Justice. - 2. The conditions of applicability of art. 5 no. 1 letter b of the regulation: the "inductive" interpretation of the concepts of "sale of goods" and "provision of services". - 3. It follows: the «characteristic performance», a summary representation of the economic operation underlying the contract. - 4. The "pragmatic" method of identifying the locus solutionis developed for the disputes subject to art. 5 no. 1 letter b. - 5. The significance of the innovation sanctioned by the Court, the conditions under which it can satisfy the objectives underlying the forum solutionis and the guarantees that surround its operation. - 6. Next: the conventional determination of the place of fulfillment of the relevant obligation. - 7. Next: the opportunity to overcome the limits of the "pragmatic" method by developing sufficiently articulated and precise uniform parameters. - 8. Ideas for an overall assessment of the current structure of the forum solutionis in the light of the jurisprudential experience.
|Translated title of the contribution||[Autom. eng. transl.] Structure and functioning of the European forum for contractual matters in light of the Car Trim and Wood Floor judgments of the Court of Justice|
|Number of pages||30|
|Journal||RIVISTA DI DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE|
|Publication status||Published - 2010|
- Competenza giurisdizionale
- Diritto internazionale privato
- Private international law