Jurisdiction and Applicable Law in Cross-Border Consumer Complaints. Socio-Legal Remarks on an Ongoing Dilemma Concerning Effective Legal Protection for Consumer-Citizens in the European Union

1998 ◽  
Vol 21 (3) ◽  
pp. 315-337 ◽  
Author(s):  
Norbert Reich
Keyword(s):  
European Union ◽  
Legal Protection ◽  
The European Union ◽  
Applicable Law ◽  
Consumer Complaints ◽  
Cross Border

21. The 1996 Hague Convention on the Protection of Children

2021 ◽  
pp. 798-812
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor
Keyword(s):  
European Union ◽  
Hague Convention ◽  
The European Union ◽  
Parental Responsibility ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Uk ◽  
Different Cultures

Many relationships are now transnational ones between parties from different cultures and countries. The breakdown of these relationships means that increasing numbers of children are caught up in cross-border disputes. Such disputes raise a variety of issues, including which court should hear any question concerning the children’s upbringing, what happens if each parent brings separate proceedings at the same time, and about the enforceability of orders, for example that a parent living in one country should see their child in another country. Now that the UK has left the European Union the key international instrument for dealing with these issues is the 1996 Hague Convention on the Protection of Children which provides basic rules of jurisdiction for hearing cases concerning children and a consequential system of recognition and enforcement of decisions concerning parental responsibility. This chapter discusses the following aspects of the 1996 Convention: its aims, scope, the jurisdictional rules, applicable law with regard to parental responsibility, recognition and enforcement, the placement of children abroad and safeguarding rights of access.

scholarly journals Cross-Border Remote B2C Contracts in the Practice of the Court of Justice of the European Union: Is the Consumer always Right?

Lex Russica ◽  
2021 ◽  
pp. 130-138
Author(s):  
O. V. Sergeeva
Keyword(s):  
European Union ◽  
Member State ◽  
Legal Protection ◽  
The European Union ◽  
Place Of Residence ◽  
Cross Border ◽  
Economic Entity ◽  
Court Of Justice ◽  
Business To Consumer ◽  
Mail Address

The paper analyzes the legal positions of the Court of the European Union, developed when considering disputes arising from cross-border remote B2C (business to consumer) contracts. In particular, the criteria proposed by the Court of the European Union for determining the “orientation” of the professional party’s activity to the country of the consumer’s place of residence are being investigated. Based on the study of the practice of the Court of Justice of the European Union, it is concluded that consumers in the European Union are provided with increased legal protection as an economically weak party.The author summarizes that the Court of the European Union has developed a number of legal positions. In particular, the Court proposed an open list of criteria for determining the “direction” of the professional party’s activities to the country of the consumer’s place of residence. In addition, it was noted that the “direction of the professional party’s activities when concluding remote contracts is evidenced by the website that reads that the professional party implied the implementation of transactions with consumers residing in one or more member States, including the member State of the consumer’s place of residence. However, the mere fact of having access to the website of an intermediary or entrepreneur in the member state in which the consumer resides is not enough. The same applies to the indication of an e-mail address or other contact information, or the use of a language or currency that is usually used in the Member State of the place of establishment of an economic entity, which corresponds to paragraph 24 of the preamble to the Rome I Regulation.

scholarly journals Notariusz jako organ ochrony prawnej w świetle prawa polskiego i prawa Unii Europejskiej

2017 ◽  
Vol 107 ◽  
pp. 195-209
Author(s):  
Monika Setkowicz
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Legal Protection ◽  
The Other ◽  
The European Union ◽  
European Union Law ◽  
Cross Border ◽  
Polish Law ◽  
Protection Authority

A NOTARY AS A LEGAL PROTECTION AUTHORITY UNDER THE POLISH LAW AND THE EUROPEAN UNION LAWThe paper aims to examine the role of a notary as a legal protection authority in Polish and European Union law systems. The European Union Regulation on Succession has changed the existing role of a notary. It has established the new institution of legal protection — a European Certificate of Succession. The competence to issue a European Certificate of Succession has been entrusted to the notaries beside the courts. This new notarial action has direct effect in the other Member States of the European Union. The scope of legal protection exercised by a notary went beyond national borders and its role has become cross-border.

TERRITORIAL COHESION POLICY IN THE CONTEXT OF EU REGIONAL SECURITY

2019 ◽  
Vol 18 (Vol 18, No 4 (2019)) ◽  
pp. 439-453
Author(s):  
Ihor LISHCHYNSKYY
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Regional Security ◽  
The European Union ◽  
Cohesion Policy ◽  
Cross Border ◽  
Territorial Cohesion ◽  
Interregional Cooperation ◽  
The Eu

The article is devoted to the study of the implementation of territorial cohesion policy in the European Union in order to achieve a secure regional coexistence. In particular, the regulatory and institutional origins of territorial cohesion policy in the EU are considered. The evolution of ontological models of cohesion policy has been outlined. Specifically, the emphasis is placed on the key objective of political geography – effectively combining the need for "territorialization" and the growing importance of networking. The role of urbanization processes in the context of cohesion policy is highlighted. Cross-border dimensions of cohesion policy in the context of interregional cooperation are explored. Particular emphasis is placed on the features of integrated sustainable development strategies.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

GENESIS OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY IN THE EUROPEAN UNION

2020 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Legal Protection ◽  
The European Union

В статье анализируются отдельные нормативные акты, выступающие в качестве основы правовой охраны интеллектуальность собственность в Европейском Союзе. The article analyzes individual normative acts that act as the basis of legal protection of intellectual property in the European Union.

Sign in / Sign up

Export Citation Format

Share Document