Jurisprudencia del TJUE y competencia judicial internacional en el DIPR español

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Abstract

se-law of Spanish courts on international jurisdiction has been profoundly altered in the last forty years as a consequence, in part, of the contact of these courts with European legal instruments and the case-law of the Court of Luxembourg. In those cases, in which the EU Regulations are applicable, such instruments and jurisprudence must be always considered; but they also display indirect effects in cases outside their scope of application. Here, the modification of the position of Spanish courts in relation to the “derogatio fori” is especially noteworthy. This influence of the EU instruments and the case-law of the Court of Luxembourg is based, to a large extent, on the way in which the EU rules have inspired Spanish domestic legislation. We should also consider that Spanish courts are not only recipients of the doctrine emanating from the Court of Justice, but also contribute to creating it through preliminary rulings requested by these courts; some of which have acquired special relevance.
Original languageSpanish
Pages (from-to)33-52
JournalRevista jurídica de Asturias
Issue number46
Publication statusPublished - 23 Sept 2023

Keywords

  • International jurisdiction
  • Derogatio fori
  • EU Law
  • Preliminary ruling

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