PP852
Analítico de Periódico
POON, Arthur
Determining the place of performance under article 7(1) of the Brussels I recast / Arthur Poon
International and Comparative Law Quarterly, v.70 n.3 (July 2021), p.635-663
DIREITO INTERNACIONAL PRIVADO, DIREITO INTERNACIONAL PRIVADO COMUNITÁRIO, CONFLITO DE DIREITOS, ESCOLHA DA LEI, PACTO DE JURISDIÇÃO, EXECUÇÃO DO CONTRATO, EXECUÇÃO DAS OBRIGAÇÕES
This article calls for a reassessment of the methodology in determining the place of contractual performance under Article 7(1) of the Brussels I Regulation Recast. The first part of the article deals with Article 7(1)(a). It argues that in light of the adoption of autonomous linking factors under Article 7(1)(b), more types of contracts presently not covered within the ambits of Article 7(1)(b) should centralise jurisdiction at the places of performance of their characteristic obligations. The second part of the article considers the way Article 7(1) operates when there are multiple places of performance under the contract. The test devised by the Court of Justice of the European Union in this regard is not only difficult to apply, but the application of the test also often does not guarantee a close connection between the claim and the court taking jurisdiction. This article argues that when a claim is made in respect of a contractual obligation to be performed in more than one Member State, Article 4 should be applied instead of Article 7(1).