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Counter-claims in the Brussels regime : the "common origin" between entitlement to justice and equality of arms?

Title data

Wilke, Felix M.:
Counter-claims in the Brussels regime : the "common origin" between entitlement to justice and equality of arms?
In: Baruffi, Maria Caterina ; Ortino, Matteo (ed.): Trending Topics in international and EU law : legal and economic perspectives. - Neapel : Edizioni scientifiche italiane , 2019 . - pp. 307-325 . - (Collana del Dipartimento di Scienze Giuridiche dell'Unversità di Verona ; 27 )
ISBN 9788849541045

Abstract in another language

The CJEU recently had the opportunity to give three decisions concerning counter-claim jurisdiction pursuant to the Brussels I(bis) Regulation. It developed the standard of a “common origin”, to be used to decide whether original claim and counter-claim are sufficiently connected. This contribution argues that this standard is not particularly helpful. In particular, it does not cover the human rights dimension of counter-claim jurisdiction: the counter-claimant’s entitlement to justice. By contrast, the often-mentioned idea of equality of arms does not have to be taken into account in this context.

Further data

Item Type: Article in a book
Refereed: Yes
Keywords: Counter-claim; equality of arms; entitlement to justice
Institutions of the University: Faculties > Faculty of Law, Business and Economics > Department of Law > Chair Civil Law IV - Civil Law, International Private Law and Comparative Law
Result of work at the UBT: Yes
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 12 Feb 2020 07:09
Last Modified: 12 Feb 2020 07:09
URI: https://eref.uni-bayreuth.de/id/eprint/54330