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In brief: CJEU—Brussels I (recast) and car parking changes (Pula Parking v Tederahn)

In brief: CJEU—Brussels I (recast) and car parking changes (Pula Parking v Tederahn)
Published on: 15 March 2017
Published by: LexisPSL
  • In brief: CJEU—Brussels I (recast) and car parking changes (Pula Parking v Tederahn)
  • Original news
  • What are the practical implications of this case?
  • What was this case about?
  • What were the facts?
  • Does Brussels I (recast) apply if the legal relationship, resulting in proceedings, commenced prior to the Member State joining the EU?
  • Does Brussels I (recast) apply in this specific case?
  • Do notaries fall within the concept of 'court' in Brussels I (recast)?
  • Case details

Article summary

Dispute Resolution analysis: The Court of Justice of the European Union (CJEU) in considering the interpretation of Regulation (EU) 1215/2012 (Brussels I (recast)) has held that where a company owned by a local authority brings enforcement proceedings to recover unpaid debts for a public car park this will fall within the scope of the regulation if the charges are a consideration for the parking service rather than punitive and that the operation of the parking is delegated by the local authority to the company. The court also considered the concept of ‘court’ within the regulation and held that in this case it did not apply to the process undertaken by the notaries in Croatia for various reasons including the lack of inter partes process. or take a trial to read the full analysis.

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