Determinarea competenţei internaţionale potrivit Regulamentului (CE) nr. 44/2001, în cazul faptelor ilicite cauzatoare de prejudicii şi al activităţi
Assumption of international competence according to the regulation (EC) no. 44/2001, in case of torts/delicts causing prejudice and of business activi

Summary/Abstract: The community legislator has the merit of having created, under the Regulation (EC) no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, a coherent and uniform system of rules in civil and commercial matters for the member states, for the purpose of a more efficient judicial cooperation and of the completion of a space of freedom, security and justice. However, each member state has its own system of law and there is a risk that the definitions used for the regulation of these matters should be interpreted differently. Consequently, the Court of Justice of the European Union plays an essential part in the enforcement of the Regulation, which has as a mission to explain these notions to the national courts, through autonomous qualifications given in the consideration of the goals and of the system of the Regulation. In this study we propose to examine a new aspect with which the courts have been facing for the last several years, regarding the enforcement of art.5 item 3 and art.15 para. (1) letter c) of the Regulation, in the context in which the internet became a more disseminated source of information, but also an interactive mean to develop relationships with the customers. The ubiquity nature of the internet, allowing to the information to exist and to be disseminated worldwide instantaneously, without any actual possibilities of control and with a disseminating „network” including the users sometimes, made the interpretation of art. 5 item 3 difficult, but also of art. 15 para. (1) letter c). In case of the delicts prejudicing the personality rights, committed via the internet, „the place of the prejudice occurrence” receives, in the light of the recent case law of the Court, a more balanced and broader interpretation, and the competent court shall be in the jurisdiction where the victim has his/her interests, in case „the center of interests” may be the place where he/she resides or the place where he/she develops the professional activity.In case of „guiding” the activities of a professional to a member state, the identification of the competent jurisdiction shall suppose, as we will see, the identification of one or several elements from which the professional’s intention may result for developing business relationships with the customers of a certain member state.

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