at Google ScholarTitle 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'Università di Verona : Sezione ricerche, raccolte e atti di convegno
; 27
)
ISBN 978-88-495-4104-5
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 Faculties Faculties > Faculty of Law, Business and Economics Faculties > Faculty of Law, Business and Economics > Department of Law |
| Result of work at the UBT: | Yes |
| DDC Subjects: | 300 Social sciences > 340 Law |
| Date Deposited: | 12 Feb 2020 07:09 |
| Last Modified: | 31 Jan 2024 11:24 |
| URI: | https://eref.uni-bayreuth.de/id/eprint/54330 |