Edited by Peter Mankowski
Chapter 13: Culpa in contrahendo and the Brussels Ibis Regulation
This chapter addresses the issues raised by the determination of the competent jurisdiction in respect of claims based on culpa in contrahendo within the scope of application of the Brussels Ibis Regulation, as well as those posed by the recognition and enforcement of judgments rendered by the courts of Member States of the European Union on such claims. After having noted the lack of a uniform notion of culpa in contrahendo in the European Union, and the absence of a specific rule addressing this topic in the Regulation, the author seeks to determine the grounds upon which Member States’ courts should assess their jurisdiction to adjudicate such claims. The CJEU’s ruling in Tacconi is critically examined from a methodological point of view and the relevant heads of jurisdiction in claims of culpa in contrahendo under the Regulation are analysed against the backdrop of the objectives pursued by the Regulation and the balance that it has endeavoured to strike between competing interests in the definition of adjudicatory authority in civil and commercial matters. Reference is also made to the role played by the public policy exception in the context of the recognition and enforcement of foreign judgments on those claims.
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