Soluţii jurisdicţionale cu efecte substanţiale. Un comentariu pe marginea unor hotărâri „radiante” ale Curţii de Justiţie a Uniunii Europene
Jurisdictional solutions with substantial effects. A commentary on certain “radiant” judgments of the Court of Justice of the European Union

Summary/Abstract: The text below is a summary paper regarding a potential research topic: to what extent do procedural interpretations of the texts included in the European legal instruments generate only procedural effects? The essential idea of the presentation is that, often, apparently procedural solutions transgress the procedural framework and produce significant effects, namely they openly influence the solutions which can be adopted by applying the substantive law. The legal benchmarks of the research aim at the influence of the European autonomous interpretation conferred by the Court of Justice of the European Union on certain texts from Regulation no. 1215/2012 (Brussels I bis) regarding the jurisdiction in the civil and commercial matter (including also the instruments which anticipated this document, namely the 1968 Brussels Convention and Regulation no. 44/2001, both referring to the same jurisdiction in civil and commercial matter) and the “radiant force” which these interpretations have on the substantive rules of conflict [mainly, with reference to Regulation no. 593/2008 regarding the law applicable to contractual obligations (Rome I) and Regulation no. 864/2007 regarding the law applicable to non contractual obligations (Rome II)], and also on the national substantive rules which are virtually applicable. To this end, three procedural “clarifications” and their impact on the solutions on the merits are aimed at: the question of provisions regarding the designation of jurisdiction, the topic of direct actions and that of the non option rule between the contractual and non contractual liability. The impact of these procedural solutions is variable, however, consistent, certifying that almost always, when the procedural solution manages a concept based on which both the procedural law and the substantive law operate, the effect of this solution exceeds the limits of the procedure and amends or removes the application of the substantive law – a phenomenon which may be qualified as the “influence of form over substance of the legal relationship”.

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