عنوان

Forum shopping in the European judicial area /

1841137839

9781841137834

b718800

Forum shopping in the European judicial area /

[Book]

edited by Pascal de Vareilles-Sommières.

Portland, OR :

Hart Pub,

2007.

xiv, 242 pages ;

24 cm.

Studies of the Oxford Institute of European and Comparative Law ;

v. 7

Articles in English and French.

Includes bibliographical references and indexes.

"Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping."--Jacket.

Civil procedure-- European Union countries.

Forum non conveniens.

Forum shopping-- European Union countries.

Jurisdiction-- European Union countries.

Civil procedure.

Forum non conveniens.

Forum shopping.

Jurisdiction.

European Union countries.

7

Vareilles-Sommières, Pascal de.

University of Oxford., Institute of European and Comparative Law.

20201208105237.0

[Book]

Y