Cooperation between the national authorities and measures against cross-border infringements contrary to the collective interests of consumers: Regulation (EU) 20178/2394 and its impact on the european private international law rules

被引:0
|
作者
Paredes Perez, Jose Ignacio [1 ]
机构
[1] Univ Complutense Madrid, Derecho Int Privado, Madrid, Spain
关键词
COOPERATION BETWEEN THE NATIONAL AUTHORITIES; CROSS-BORDER INFRINGEMENTS; COLLECTIVE INTERESTS OF CONSUMERS; ACTION FOR INJUNCTIONS; LOCUS STANDI; JURISDICTION; CONFLICT OF LAWS;
D O I
10.19194/aedipr.18.07
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Regulation 2017/2394 presents important novelties and essential changes in the fight against cross-border infringements of the of Union laws that protect consumers' interests. Regarding cooperation between authorities, we must underline the adoption of a single European procedure against widespread infringements committed by a trader inside the Union, coexisting with the mutual assistance mechanism which is specific for small-scale infringements. Regarding measures with direct consequences on private relationships, a determining element is the assignment of locus standi to the entities entitled for the defence of the interests of consumers from all the Member States victim of the widespread infringements. The scope of the locus standi conditions the success of cross-border actions for injunctions within the framework of Regulation 2017/2394, as an instrument for the protection of collective interests of consumers, whose exercise againts the trader or hosting service provider requires the application and interpretation of European rules of private international law.
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页码:227 / 263
页数:37
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