Procedural Justice for ‘Weaker Parties’ in Cross-Border Litigation under the EU Regulatory Scheme

Abstract

This article discusses how procedural justice for consumers, employees and insurance policy holders or other beneficiaries under insurance contracts has been ensured in the legal instruments of the EU legislator. The analysis focuses on the Brussels Jurisdiction Regulation, both under the current regulatory scheme and in its recently revised version. Thereby, the rules on jurisdiction, the enforcement of judgments in civil and commercial matters, as well as instruments that unify certain rules of civil procedure have been analysed. Within the context of the rules on jurisdiction, the relevance of the EU legislation for the validity and enforceability of jurisdictional clauses against weaker parties is addressed. Thereby express provisions in EU legislation, as well as relevant case law of the CJEU, have been the subject of the analysis. The changes introduced by the revised Regulation are discussed in great detail.

Keywords

• Brussels Jurisdiction Regulation
• procedural justice
• weaker parties
• cross-border litigation