Cuius legislatio, eius iurisdictio? The emerging synchronisation of European private international law on tort

Abstract

This contribution deals with the most recurrent private international law issue brought before the Court of Justice (the Court) over the last six years, i.e. the determination of international jurisdiction in matters relating to tort, delict or quasi-delict, pursuant to what is now Art. 7(2) of Regulation No. 1215/2012. The crucial question in this connection is how to achieve both predictability and a sound administration of justice in a complex legal and technological environment. I argue that the Court has answered this question by embarking upon a path towards consistency between jurisdiction and conflict rules for non-contractual obligations. I seek to show that the merits of the Court’s quest for consistency outweigh the dangers and practical constraints of this approach.