Propozycja nowego przepisu jurysdykcyjnego dla ochrony dóbr osobistych

Abstract

The issue of national jurisdiction in matters relating to the protection of personal rights is increasingly being examined by the Court of Justice of the EU. Such infringements are often being committed using the global means of electronic communication. Article 7(2) of the Brussels I bis Regulation is then typically used to establish specific jurisdiction of the courts to settle the dispute. In light of this article, the CJEU adopted the criterion of the centre of interest of the injured party as the main connecting factor for establishing national jurisdiction, the most recent example being the judgment of 21 June 2021 in Case C-800/19 (Mittelbayerischer). The authors of the study criticize the above approach and propose a new basis of special jurisdiction for infringements of personal rights that will provide legal certainty and proper resolution of international disputes, especially those involving online infringements.