(Judgment of the Court of Justice of the EU in case C-302/13, flyLAL)

Boriana Musseva

ABSTRACT

In Case C-302/13 the Court of Justice clarified once again the terms “civil and commercial matters” and “public order”, contained in Regulation (EC) №44 / 2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Regulation (EC) № 44/2001). The need for clarification arises in proceedings for damages caused by a breach of EU competition law by two state-owned companies providing airport services based on common national regulations.

Following the ECJ judgment in Case C-302/13 it becomes certainly clear that the provision of airport services for remuneration is an economic activity in which public companies are equal to all other entities. As all other entities they are subject to the European competition law and in case of violation they may be sued for damages. The international jurisdiction in these cases is determined according to the general and special jurisdiction laid down in Regulation (EC) № 44/2001, respectively after 10.01.2015 Regulation (EC) №1215/2012. The exclusive jurisdiction for disputes concerning the validity of the company’s decision bodies does not apply.

The judgment in Case C-302/13 establishes in a clear way that the recognition and enforcement of a judgment may not be refused as contrary to public policy, if there is a reasoning and the person concerned may appeal the judgment and actually appealed it. The public policy clause can not apply only because the judgment may lead to serious economic consequences.

The given answers are needed and essential for international cases relating in particular to violation of competition. The conclusions, however, are applicable to any other private international disputes, insofar as they provide criteria for assessing the exercise of public powers and the application of the protective mechanism of public policy in recognition and enforcement of foreign judgments.

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Линк към статията на български език: ОЩЕ ВЕДНЪЖ ЗА ПОНЯТИЯТА „ГРАЖДАНСКИ И ТЪРГОВСКИ ДЕЛА“ И „ОБЩЕСТВЕН РЕД“ СПОРЕД РЕГЛАМЕНТ №44/2001

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