La competencia judicial internacional en el ámbito de la aplicación privada del derecho de la competenciala interpretación del TJUE

Abstract

Perhaps one of the major shortcomings of the Damage Directive is the complete absence of rules determining jurisdiction for non-contractual claims. This shortcoming is now being filled by the application of the general arrangements provided for in the Brussels I Regulation, whose complex system of forums has proved to be totally inadequate to resolve conflicts in such a complex area as non-contractual liability. It has therefore become essential for the Court of Justice to intervene, which is being obliged to take on tasks which, in some cases, go beyond the powers which might be conferred on it in the exercise of its judicial function