Law

In this article the author analyzes the opportunities of abusing jurisdiction rules set forth in the Rregulation No 44/2001 and related practice of the European Court of Justice. Tthe author suggests that recent case law of the EeCJ opens paths to abuses of the jurisdiction system laid down by the said Rregulation. The author indicates that the interpretation of the provisions of the Regulation No 44/2001 given by the ECJ at least in some cases seems to be very rigid, leaving no room for discretion of the judge and considerations of justice and fairness of the procedure when deciding the jurisdictional issues. The author contends that that is not the right way to move on for the EUeu. Ttoo much rigidity may cause too much injustice. Tthus the provisions of the Regulation No 44/2001 are subject for further improvements and amendments. Still the author considers that it is hardly possible to make such rules that a priori and for all situations that may occur in real life would result just outcome. Therefore, the author asserts that the principle of prohibition of abuse of rights should be applied within the realm of the system of jurisdiction laid down by the Regulation No 44/2001. Application of this principle is first of all substantiated by the fact that the analysis of current practice of the  ECJ leads to the conclusion that the prohibition of abuse of rights given by the Community legislation is a general principle of Community law. Moreover, application of this doctrine would reflect common values and practices of the Member States, ensure proper administration of justice and secure minimal level of justice and fairness of the proceedings when faced with abusive actions of the litigants who rely on the provisions of the Regulation.