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JURISDICTION OVER CONSUMER CASES ACCORDING TO EUROPEAN COMMUNITY LAW

100%
Swider P.
Studia Prawnicze
|
2007
|
issue 2(172)
43-54
EN
This articles examines the issue of procedural point of view on European pro-consumer policy regarding Council Regulation (EC) no 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Currently aforementioned Council Regulation has replaced some rules of Polish Civil Procedure Code. The author identifies legal definitions of consumer and consumer contracts elaborated by European Court of Justice. The analysis covers also different aspects of jurisdiction over consumer contracts. It deals namely with situation when consumer brings proceedings against the other party; when proceedings are brought against him by the other party; a counter-claim of both: consumer and the other party; prorogatory agreements and finally with the consequences when a defendant enters an appearance before the initially inappropriate court. The consideration was mainly based on ECJ case law that still remains crucial source of reconstruction of EU legal principles.
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