Date: 2020
Type: Working Paper
EU private international law in internet-related disputes : the Polish case law approach
Working Paper, EUI RSCAS, 2020/69, Centre for Judicial Cooperation
GROCHOWSKI, Mateusz Fabian, POŁUDNIAK-GIERZ, Katarzyna, EU private international law in internet-related disputes : the Polish case law approach, EUI RSCAS, 2020/69, Centre for Judicial Cooperation - https://hdl.handle.net/1814/68784
Retrieved from Cadmus, EUI Research Repository
The paper examines the way Polish courts apply EU private international law (EU PIL) rules in the disputes concerning online context. The analysis seeks, in particular, to better understand the patterns recurring in the judicial reasoning and to map the typical circumstances of internet-related disputes pled before Polish courts. The paper attempts to cluster the existing case law and to trace the use made of EU PIL and CJEU decisions by Polish judges. It also aims to identify how the courts perceive specificity of internet-related disputes from the perspective of conflict of laws and how they understand specific goals of EU PIL (especially consumer protection). The text delves also into the cases where – despite encountering transnational elements – courts did not address conflict of laws issues. It attempts to indicate the most common instances of such omission and hence, to elucidate further the possible barriers to full application of EU PIL.
Cadmus permanent link: https://hdl.handle.net/1814/68784
ISSN: 1028-3625
Series/Number: EUI RSCAS; 2020/69; Centre for Judicial Cooperation
Publisher: European University Institute
Keyword(s): International private law internet consumer law personality rights judicial application of EU law
Sponsorship and Funder information:
Interlex Project, (G.A. 800839)