CASE COMMENTS: PROCEDURES - EUROPEAN UNION - ABUSE OF DOMINANT POSITION - ACTIONS FOR DAMAGES - TERRITORIAL JURISDICTION

Actions for damages: The Court of Justice of the European Union specifies conditions enabling the victim of an abuse of dominant position to sue its contracting party before the Court of the place where the harmful event occurred instead of the Court where the defendant is domiciled (Wikingerhof / Booking.com)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The development of damages actions for competition law infringements continues to give rise to conflicts of jurisdiction and applicable law. These issues fall under the application of the EU Regulations on jurisdiction in civil and commercial matters (Regulation 1215/2012, "Brussels Ia"), on the law applicable to contractual obligations (Regulation 593/2008, "Rome I") and on non-contractual obligations (Regulation 864/2007, "Rome II"). For conflicts of jurisdiction, the predictability of the system resulting from Regulation 1215/2012 is guaranteed by its simplicity. The competent court is that of the defendant's domicile. By way of exception, in the

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Actions for damages: The Court of Justice of the European Union specifies conditions enabling the victim of an abuse of dominant position to sue its contracting party before the Court of the place where the harmful event occurred instead of the Court where the defendant is domiciled (Wikingerhof / Booking.com), 24 November 2020, Concurrences N° 1-2021, Art. N° 99209, pp. 181-182

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